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Document summary:
The mother appealed the award of primary custody of the children to the father. The mothers primary argument was that audio tapes of coarse telephone conversations between the mother and the children should not have been admitted. The court held that the father could give vicarious consent on behalf of the children when the tapes were made, and thus the tapes were not made in violation of New Jerseys Wiretapping and Electronic Surveillance Act. DOnofrio v. DOnofrio, No. A-5492-98T1 (N.J. Super. Ct. App. Div. Oct. 2, 2001).
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