WA Voice recording defamatory comments in front of my children

[Unknown entity]

Hi all, we are going through a family case in which a stranger has claimed that we have been physically abusive to our children. Department of Child Protection have cleared us and provided a letter of advice of no maltreatment and/or likelyhood of Maltreatment. We were also investigated by police detectives who cleared us of any wrong doing.

The main intent of the stranger was to benifit from child support payments which she claimed and has since been found to be assessed by child support as being a non parent career and to return all monies back, we are going to court to seek overpayments . During the initial court case, significant denigration and defamatory comments were made, we were informed by police to voice record.

I have come to understand that voice recording in private conversation is illegal. However, I managed to capture through voice recording the whole family calling me a Paedophile in front of my children, encouraging our children to denigrate, influencing our child as to were to live, stating that we are phyco and snatching and throwing the phone into a tree causing damage.

I have placed the recording into written transcript and asked the court for recording to be used as evidence.

Have I broken the law, will this now not look favourable for us in our request to court. I am concerned I may have done the wrong thing by giving this recording to the court.

Any thoughts please.

 

[AllForHer]

A stranger? Just some random of unknown identity?

Or maybe a family member of one of the parents?

It's never advisable to use actual recordings in evidence because they may be deemed inadmissable, and they mean do more harm to you than to them. What you do is make a transcription of the recordings and state on which day and what time the conversation took place.

1. On 1 January 2000, I went to X's house to discuss care arrangements for the children. The following discussion took place:
X: You're never seeing the children again.
Me: Why?
X: Because you're a paedophile.
The children were present for the discussion.

If the other party disputes this conversation happened, that's when you tell the Court it was a recorded conversation which you can produce if the Court requests.

 

[Unknown entity]

Thanks all for her, appreciate the advice. The person is a neighbor who I have not spoken to and in my eyes a stranger.

Looks like I have done the wrong thing based on your response but would have thought that in this case the recording being necessary for my lawful interest and to stop the parental alienation and emotional and phycological abuse would also have considerations which proves the situation is not in the best interest of children when encouraged to denigrate their own parents or be witness to their parents being exposed to verbal and physical assault.

So when does the value of “in the best interest of children” not trump the perception of a magistrates justification and actually considers the true value of a recording.

 

[AllForHer]

You really haven't provided enough context to comment on this matter, but I will say that a person calling a parent a name isn't going to make or break a case. The considerations under s 60CC of the FLA are weighted according to the circumstances of the case. X might call Y a turd face, but that's not going to be as important as Y having punched the child in the face for not eating dinner, is it?

 

[Unknown entity]

s 60CC of the FLA implies best interest of child

A court order and injunction was made for parties not to denigrate eaxpch other and to denigrate each other in hearing of child

Breach of an injunction is serious and may under certain situations result in contempt of court

On the night and captured on voice recording the following occurred:
1. Person encouraged our children to denigrate their own parents
2. Parents were called disgrace parents and not real parents of child
3. Parent were called Paedophile on three (3) occasions
4. Accused of beating and bashing their children, when this is false
5. Accused of beating and bashing wife, when this is false
6. Inciting violence and participation in conflict
7. Called Phycho
8. Threatened to be placed into the grave
9. Being pushed, shoved and hand squeezed
10. Having phone ripped out of hand and thrown into tree

The above starting with a knock at neighbours doors to retrieve our child from strangers house, spilling into the streets.

All the above were witnessed by children who should have been removed from a place of conflict and not encouraged to participate nor witness violence.

Surely the above is not in the best interest of children and that it was reasonable necessary to produce such recordings to illustrate exposure of violence to children and their parents.

Yes recording is wrong, but but but, at what stage must breaking the law for protection of others not be considered in a family court of law as being justifiable.

 

[AllForHer]

I'm not saying it is in the best interests of the children. The Court won't either.

But it will be weighted against the other evidence. Like I said, X calling Y some colourful adjectives doesn't necessarily supersede the fact that Y bashed one of the kids repeatedly just for not eating dinner (as an example).

 

[Rod]

If number 3 from your list was heard by 3rd parties you may have a claim for defamation. Whether you want to pursue your right is another story altogether.

 

[Unknown entity]

As per link, same situation, different state is only difference

Thanks for all feed back Rob, well appreciated and a valuable contributor for sure.

Pedophile insult costs grandma $30,000