Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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I agree with Redlegg.
Recordings are admissable in my area. My first attorney encouraged me to record and even wanted me to let my oldest wear a remote recorder in her mother's presence. (long story with tears as to why but I wouldn't because I didn't want my oldest to have to deal with the potential of having her mother catch her with it).
I recorded more conversations than I have a count for.
My second (actually 3rd, another long story) removed them all from my file and handed them to me when I hired him.
He told me "our" judge would refuse to hear them nor did he give any value to them as evidence.
I had recordings from my home ans. mach. that the children had access to as well. Among these, threats to me and my oldest that included a where, when, and a how. Then I had recorded conversations that included everything from her telling me the longer it took for me to give her what she wanted the more time she would take from the children and I. To her openly admitting that she knew the children wanted to be with me but she would have to hear it from a judge. I have recordings of my children calling me hysterical and screaming, you can hear her screaming(x) and sometimes laughing in the background making comments like"you're savior isn't here, he can't help you now." Then taking the phone from the children and hanging it up. I have countless recordings where you can plainly hear X making the children turn the phone up and requiring that they sit "right here" so she could monitor all of our conversations.
Not one shred of it ever made it to evidence.
Our judge limited the presentation of everything! I had proof of the X's lies on her original affidavit to the court from her first ex-parte appearance. Irrefutable proof. The judge refused to hear any of it.
My experience is, recordings don't count for diddly, irregardless of consent or content. Talk to your attorney.
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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diddy
recently joined
Reged: 08/11/07
Posts: 4
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I am sorry it didn't work in your case, but I hope they will really not count in mine. That's the only time I lost my nerves even though he's been driving me crazy for months. I hope I will get my divorce and he will dinaly be my X. Thanks for your answers.
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BeckaLeigh
Carpal \'Tunnel
Reged: 06/08/05
Posts: 6875
Loc: Texas
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Depends on your state laws, I would think. I am sure everyone else said pretty much the same thing.
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I tried being normal once. Worst five minutes of my life.
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Drew
old hand
Reged: 07/30/07
Posts: 1017
Loc: somewhere more familiar
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In chancery court EVERYTHING depends more on your judge than ANYTHING else. Let's face it, these judges have absolute authority/discretion in their courtroom.
I hired a priv. det. He told me the judge would not care if the x had men jumping up and down out of every trash can on the block (even though we were still legally married) as long as it was not in the presence of the children. He said he was not in the habit of turning away work but wanted to let me know that if that is what I wanted it would be useless. His take was quite simply "I've heard and seen it before sir, the judge is going to say she obviously didn't want you anymore, that's why she left."
My judge is a very well known woman's advocate. Referred to by all as a mommies judge. It was disheartening but no thanks to her or my attorneys (the x ruined herself) I prevailed.
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"living, learning, from my creator. you gave me life now show me how to live" c. cornell
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Nov63
recently joined
Reged: 08/21/07
Posts: 2
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Whats the rule in NY State
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