QLD Voice recordings admissible

[Pawpaw88]

Anyone had recordings admitted successfully?

I have three

First clearly showing OP, making threats to slice My throat, put me in hospital, put a gun down my throat, saying 'it' might a month it might be 6 months it might be 2 years, I don't know when it's coming, but it's coming.... And it goes on and on... all while the kids are in the background.

Second shows him treating a former, disabled flat mate poorly, like an animal.

And third is of a another person who lived with OP, speaking to me about how the children were treated in his care and corroborating some more of my evidence that other party denies, such as lying about his age and who lives with him?


Anyone had success with admitting this kind of evidence?

 

[sammy01]

For what purpose in family law? to try and stop the guy seeing his kids?

The first two should have been shown to the police immediately. So the question needs to be asked why that didn't happen?
And u'm if you filmed the second one then you should be ashamed of yourself for doing nothing.
The third one is hearsay and if little relevance.

 

[Pawpaw88]

No they are not to stop him seeing his kids, they are to show that I cannot co parent and communicate with him, firstly because of the abuse, secondly because he has never admitted any of it and presents as a great guy in court, when it is very different behind closed doors. The father has regular time with his children.


was shown to police an avo was taken out because of it.

The second was while I was in an extremely abusive relationship and what I had to witness and withhold was abusive in itself. I deeply regret not being able to help this man, I couldn't even help myself.

Third, part of the recording also includes the man stating that I am allowed to use the recording in court and I have made every endeavour to find him.

 

[Tremaine]

Don’t submit recordings. People don’t realise they’re often as damning for them as they are for the other party, particularly because it’s opportunistic and only one party usually knows they’re being recorded, so they’ll be on their best behaviour.

What you do instead is transcribe the exchange into an affidavit, along with details around the exchange such as context, date, time and location. If the other party contends that the exchange didn’t happen, then you tell the court that you can provide recordings of the exchange if necessary.

Showing you can’t co-parent is a non-incriminating way of saying you want the court to order that dad doesn’t see the kids, yes? Otherwise what’s the point?

 

[Pawpaw88]

The point is that he is seeking soul parental responsibility, claiming that I am violent, on drugs, abusing the children. All which is unsubstantiated and untrue. I am in no way seeking that the kids do not see their father, he has never physically hurt his children. He has, almost killed me, assaulted me, threatened me, stalked me and I am terrified of him, this violence happens behind closed doors and it is extremely hard to prove, although I do have other evidence, these recordings are imperative to show, that who he is in court is vastly different, to who he is behind closed doors.

I do not communicate with him or attend change-overs.

I do everything to encourage the relationship the children have with their father. I simply cannot co-parent because of fear of him and seek to parallel parent only.

 

[Pascal]

Sounds like domestic violence, I'd be ringing a domestic violence team and staying away from this man , change u number address etc whatever u have to do to keep safe

 

[Pascal]

For what purpose in family law? to try and stop the guy seeing his kids?

The first two should have been shown to the police immediately. So the question needs to be asked why that didn't happen?
And u'm if you filmed the second one then you should be ashamed of yourself for doing nothing.
The third one is hearsay and if little relevance.

Sammy
If her story is true than he shouldn't be allowed to see his kids, if he is verbally abusing her than how do you know if something bad will happen

 

[sammy01]

Respectfully, so what if he is verbally abusing her. What does that have to do with the kids. This poster wants to throw mud. Mud throwing is the worst thing to do in family law. So if he wants to claim she is a drug addict, what has that got to do with some recordings. NOTHING - Let him accuse her of drug use, recording wont disprove that peeing in a bottle and getting it tested will.
Let him go for sole parental responsibility, unless he can prove she is a danger to the kids he will fail. But again, that has nothing to do with any recordings.

 

[Pawpaw88]

What it has to do with the children is that living in constant fear impacts on my parenting.

Sure who cares that he verbally the abuses me, but children being exposed to DV and parental denigrations, impacts the child.

The recordings prove some of the DV he denies.

Been drug tested, all clear.

 

[sammy01]

Again, so what.... It seems you're trying to make the case that you can't co-parent, so the kids need to be with you 100% of the time... It seems the ex is doing the same. Guess what. It wont end well. You're better off being reasonable rather than making it an all or nothing gamble.