Videotaping

[hpink69]

Is the other parent legally bound to copies of videotapes that contains either her or the child?

Videotaped exchange when child said they didn't want to go. Video camera was in plain sight, public place, and other parent never objected to the taping when they saw the camera.

[gipsy]

/**I don't think the court will give much weight to the child saying that < In Wash state . It's not up to the child < I have seen the law < And when I went to co-parent counseling The counselor explained < Children  do or don't want to go where or when you want them too , "
   My opinion is ,The child would have to be saying this for a legal reason , My son doesn't want to go home to his mother after visits,
  And say's this 25% of the time , And sometimes it's just because He was haveing fun at my house , Playing a Game etc ,  I would not get excited over this , Especially if you are thinking this is going to help  your case , The court doesn't smile on Getting the child involved , I had a audio tape of some Similar stuff , I was surprised , My atty  Stated , " He would never let anyone listen to that tape " First the court would want to know why I wasn't  promoting the exchange " And second why weren't you doing any thing to console the child "
  I had a very different point of view after he said that

   So If you were not trying to help the child through this on the tape , And or ,trying to promote the exchange this could back fire on you   '
    After My case is done and I see what happens at trial , I don't see your atty at court playing the tape to the judge saying , "See the exchanges should stop" , "Because there's this tape of the child saying he doesn't want to go "!
    another piece of advice , It seems we take things out of context , And this helps ,
  If children would do this out side of a custody dipute, leave it alone !
  I would say children sometimes don't want to go with mom or Dad In various situations , outside of a custody issue .

[hpink69]

Ok, that didn't answer my question.

But I will explain since you went in that direction.
I am the girlfriend of the guy going through this. His custody case was just settled. I was the one with the camera.(He gave me consent to tape) I set it on top of the car and left it there while they did whatever they did. I stepped away once the child started saying he didn't want to go.
Mainly the camera was just so she would know he was serious about not letting the child decide on what he wanted to do.
We had a big problem with this several months ago and since custody wasn't settled neither one of them forced the child to go. We missed out on a lot of time with him because mother was telling him not to go.

So, back to my original question, does anyone know if there is a way she can make us give her a copy of that tape?

[4honor]

Depends on the state, but it is likely that it can be supoenaed. And if it was YOUR camcorder and YOUR tape, then the supoenae would have to be addressed to YOU (not to BF)... but check with your attorney as to when and if you must give her a copy. If there is no custody hearing pending, then no you do not have to just give up the tape.

[gipsy]

not if there was no tape in it ! , DUH ! Or what ever ! Again read my post . The court isn't going to give it much weight ! , So the child is saying he doesn't want to go from Mom to dad , And the camera probably stopped her from interfering ,
  I had to deal with this and did the tapeing , And My atty told me the tape would not make it too court , Because the Judges are very aware of people setting each other up < Then tapeing ,


 Keep tapeing . You have the tapes , If they really exist , I  Was told by my atty to put the camera out , I said what If something goes wrong and it shows me  Mad etc , He said " who's to say there was any tapes in it "?
   My take is .  You missed the point < Period , Reread My post < So what if the child said that , It could go iether way , Was the mother Helping the child with this problem ? Its her job to foster the relationship ? What If they get the tape and the court see's it that way ?
  The sicko's tell children all kinds of things , I used to get him a lollipop . And he would get into my car and forget about her ,
  She was doing it to cause trouble , "! Keep tapeing , And make sure your boy friend is consoling the child , And if the mother is not , Well ?
  You are worried , But this is stupid , Custody is decided . And the court is not now going to say the child doesn't want to go ,
  The mother Is doing this , You said " she was telling the child not to go "
  Get over the tape issue ,  Custody has been settled ! Keep tapeing . And Maybe she will do as My psycho did and stop terroriseing the child ,
 Of course she will think maybe the child will spill the beans on tape !
   Again / My atty and another in his office told me the tapes won't make it to court !
   
 Tapeing will put a lot of pressure on her , And be really nice" Overly nice " After my case is done , I mostly see the tapeing as a way to keep things under control .
 After terrorisation by the mother My son would scream he didn't want to go with me , And cry and kick me ! , I had the camera , I told the mother while pointing the camera at her to give me My son, Its her job to foster a relationship , And thats why I am taping because she is not doing that and this put it on tape" <
  You better believe she changed her tune , BUT THE TAPES NEVER WENT TO TRIAL COURT OR ANY THING !!!  But they seem to be a good bluff !
   Then   I don't talk to her AT ALL at the transfer period . This works for me , And when she messed up I said see you in court "
 She said" I know you will "
 This woman needs to know  , As My psycho needed , That she will give me the child and foster a relationship ,
  Maybe if the tapes show a pattern they might be used , Again . A pattern of the child not wanting to go . Or a pattern of the mother " Not " Fostering a relationship" The tapes can go iether way !
  You are all concerned about if they get the tape " Well what if they do " ?  Or  I taped and I got pissed and You better believe the tape is gone  . I only kept the good ones , And if you keep getting the child and haveing fun , And don't involve your self with bad mouthing the mother this will all change , Children are smart > My son told me when he was 4 YO . He said " My mom is the one doing all the bad stuff " She is doing it and saying you are bad "
   Even the sick mothers that do this wise up ! My son was teriffied of me because of her . And After I kept tapeing and kept showing up And keep My time with My son as good as possible < He loves me , And I'm certain She knows that now !
  I just dropped him Off , Everything goes fine and my case was everybit as ugly as yours . I've told you  what I did and it worked for me <
 Today My son say's good By , I  Was Joking and I  Causauly said "Time for you to go buddy "

 He said " Hey you are supposed to want me to stay "
  Ya think  He is smart enough to play on this >" And His mom tried all the crap on me that your problem is trying , It won't work . Keep loving the child And don;t bad mouth the mother .
  I am posting back to you about the BIG Picture in this .  Looking back , Video tapeing was a small part . LOOK AT THE BIG PICTURE
, And finally is she even asking for it , I would again tell her you are tapine to show the pattern of her ' NOT " Fostering the relationship . This will freak her out !

[Kent]

Give the tape to your attorney (well, make a copy and give it to your attorney).

That will make it part of atty-client priviledge, and it is not open to discovery anymore.

Kent!

[MYSONSDAD]

Whether or not you can record telephone calls varies from State to State. The Reporters Committee for Freedom of the Press (//www.rcfp.org) has compiled a page of audio/video recording laws for all 50 States that can be found here: A Practical Guide to Taping Conversations.

[CustodyIQ]

Wow, you really need to consult an attorney to ensure you don't get misinformation from these boards.

First, simply giving a piece of evidence to an attorney does not render it "attorney/client privilege."  If that were the case, murderers would simply give the guns to their attorneys.  Duh.

Second, video taping is different from audio taping (i.e., including the audio track of a video camera), with regards to the law.  It can vary from state to state.

Third, you describe that the video camera was sitting near you.  It may be unreasonable to assume that a person would know that the camera is recording with no one near it.

All of that said, unless/until the boyfriend is subpoenaed for the tape, he can ignore the demands.

Now, if the boyfriend sends certified mail to the mother, advising her that he is audiotaping and videotaping every exchange, it's thereafter implied consent if she chooses to say anything.

[MixedBag]

and after all that we've experienced in our three divorces that seem to be constantly in court, videotaping does no good.

It's too hard to get into evidence in the courtroom.

HOWEVER, it does become quite useful in other settings where the rules of entering evidence into a court proceeding don't apply.

For example, our mediator could listen and watch tapes.  But we never used them in court.

Counselors can listen or watch tapes.

Teachers, doctors, you get the idea.

[gipsy]

People have talked about the legal issues ,
  Wash state , You can video tape , But can't break the normal expectation of privacy , There is some issue with  audio ,
   However , My atty told me ," If the camera is in sight , And she doesn't object at the time it would be hard to say she doesn't want it" And  , "If there is an issue that has to do with the welfare of the child , The judge is not going to say" " We can't have it because of some law" , The judge will rule it in , But , As Mixed bag said . None of the tapeing I did was ever entered as evidence ,