CP recording minor child's phone calls to CP, legal?

[stepmomto1]

Is it legal for the cp to record minor child's phone calls with ncp without ncp knowing?  Oregon is State of residence.

[DeepInTheHeart]

No, it's not. Not even in a one party state. A child does not have the legal capacity to consent to having their conversations recorded.

The calls can be recorded but they will be useless as far as use in a court case because unless you are told, ON THE RECORDING that the call is being recorded between you and the child- then the only party to the conversation who MIGHT have knowlege that the conversation is being recorded is the child who is disabled under law as to consent due to lack of capacity.

So to answer your question- CP can record but the recordings are worthless except for CP's own education.

Not a battle worth fighting- you can say anything you want and the minute CP tries to use them in court you can get them thrown out so fast it'll take take several days and medical specialists to stop CP's head spinning.

Deep

[joni]

our atty informed my DH's ex's atty, in writing, that all phone calls  that Ex has with our home and cell phones will be recorded....starting immediately, with any members of the household, including her daughter.  if she calls our house, she's consented to being recorded.  

[KAT]

A minor can not consent, informed or not. Have your attorney, or even yourself, send her strongly worded Cease & Desist Notice, carbon copy the courts for your files. It probably won't stop the hag, but you never know. This is custodial interferance. Get her pissed off enough to admit it(say, by mail or you know how they love to leave nasty voice messages) then slap her with a motion to show cause/contempt. Ask for jail time & a change in custody. I hate this nonsense.
KAT

[NJDad]

Hi stepmomto1,

In New Jersey, we are allowed to tape a telephone call if we are one of the parties present on the phone call. We cannot third-party tape. Now the CP might state that since the child is not of legal age to consent, she is consenting for her as legal guardian. But, the Judge won't like this when it is brought up in court, especially if the children know that they are being recorded. Then they cannot have a free exchange with their NCP.

If the legal guardian thing doesn't fly, then there might be a wiretapping charge and a trip to the Grey Bar Hotel. (wishful thinking, but it really won't happen.)

My Ex did this all of the time. She would swear in court certifications that the children were able to speak to me alone, but hen I would call them, she would be in the same room or be sitting next to them. It got to a point that, as the kids turned 6 or 7, they didn't want to talk to me because of the position they were place in.

Hope this is of any help?

NJDad

[rainbow1]

Check your state law. I'm in Wisconsin-we have the one person rule. As long as one of the persons on the phone, having the conversation knows it is being recorded, it is legal. Most judges frown on a parent recording their child talking to the other parent even if the child knows.