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Main Forums => Father's Issues => Topic started by: demi on Oct 02, 2004, 02:06:06 PM

Title: I'll Start a new topic
Post by: demi on Oct 02, 2004, 02:06:06 PM
From WI. (1 party state) if I were to record my ex, via the phone, could I use those in court? It's mostly for medical bill reasons. Also if my child talks to the ex from my phone can I still record their conversation? I'm Looking for PAS in that area.

Title: RE: I'll Start a new topic
Post by: Peanutsdad on Oct 02, 2004, 04:06:43 PM
I would double check with your attorney on this, but it appears from the Wi laws,, you must be a party to a call in order to record it.

Wis. Stat. § 968.31: A person who is a party to a wire, electronic or oral communication, or who has obtained prior consent from one party, can legally record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Wis. Stat. § 968.27.

Effective Feb. 1, 2003, the punishment for recording or disclosing the contents of a conversation without the appropriate consent is imprisonment for up to six years and/or a criminal fine of up to $10,000. Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs and attorney fees.
Title: RE: I'll Start a new topic
Post by: demi on Oct 02, 2004, 04:16:33 PM
Thanks, I still would have to be 100% sure, so I'll call my Attorney.
Title: RE: This is such a pain in the
Post by: demi on Oct 02, 2004, 04:37:16 PM
You know what.

We keep getting socked with medical bills from ex that we know nothing about. Ex is suppose to write us a letter within 30 days of taking the kid to the doctor, unless emergency or routine, but the ex of course doesn't follow what the order states. The ex "thinks" ALL appointments are an emergency, when in fact the doctor's reports show they are not.

We can't even afford a retainer for an attorney...I have to call them for tad bit advise hoping they will give it to me.

Are there better ways out there?

Title: Yes and No
Post by: Raisin_3 on Oct 03, 2004, 09:45:20 AM
You can record yourself and your ex since you(the one party) know you are being recorded.  If you record your son and ex it is illegal and cant be used.  I think if you admitted to doing that w/out your ex or sons knowledge you could be charged w/ something.
Title: RE: This is such a pain in the
Post by: Raisin_3 on Oct 03, 2004, 09:49:05 AM
What exactly does your CO say about the medical bills?

If it states he needs to contact you within 30 days of taking child to the dr. and he is not then you need to send a certified letter to him with a copy of your CO w/ that info highlighted and inform him that you will not pay for medical bills unless he follows the CO so you are informed.

Is the child covered on anyones insurance?
Title: RE: This is such a pain
Post by: demi on Oct 03, 2004, 10:44:41 AM
The order states;

"services except emergency or non routine, there shall be advance written notice of 30 days"

The ex claims every appt is emergency but the doctors offices say there is not.
Title: bump
Post by: Peanutsdad on Oct 03, 2004, 04:19:50 PM
Title: RE: Thank you for the advice
Post by: demi on Oct 03, 2004, 09:10:18 PM
I appreciate it.
Title: DH and I are also in WI and this is what we did....
Post by: smtotwo on Oct 04, 2004, 06:01:11 AM
We sent the ex a certified letter stating that ALL future calls to and from our home with her HOUSEHOLD would be recorded.(this way we covered calls with the kids as well).  We further stated that if she didn't object IN WRITING then that would be considered consent.

She behaved for awhile, but at some point in the last 2 years she has forgotten the letter.  We have all her nastiness on tape.

Also at our first meeting with our attorney she told us to record ALL CALLS begining YESTERDAY!!

Have you signed up for the wisconsin fathers e-mail chat?


You can sign up from there.  They have a wealth of Wisconsin related info.

Good Luck,   smtotwo