My son recorded my husband and me behind our back having a fight--nonviolent, run-of-the-mill, typical family argument, not out of control. A social worker took it to family court as "evidence" and as a result we got a (noncriminal) neglect charge and they took away the custody of my son.
We fight and argue a lot less than most families we know. I thought I was soing a good job of keeping the family atmosphere calm! How could they do this?
2006-12-21 05:33:55 · 11 answers · asked by Brigid O' Somebody 7 in Politics & Government ➔ Law Enforcement & Police
My son doesn't like to follow any rules, such as getting off the computer when his time is up so his brother can have a turn.
2006-12-21 05:54:50 · update #1
wunluv06, I love that poem and no, it is not too long! Thank you.
2006-12-21 06:02:54 · update #2
DON'T MESS WITH MOM
The Child’s Comments and Thoughts
My son came home from school one day,
with a smirk upon his face.
He decided he was smart enough,
to put me in my place.
"Guess what I learned in Civics Two,
that's taught by Mr. Wright
It's all about the laws today,
The 'Children's Bill of Rights.'
It says I need not clean my room,
don't have to cut my hair
No one can tell me what to think,
or speak, or what to wear.
I have freedom from religion,
and regardless what you say,
I don't have to bow my head,
and I sure don't have to pray.
I can wear earrings if I want,
and pierce my tongue & nose.
I can read & watch just what I like,
get tattoos from head to toe.
And if you ever spank me,
I'll charge you with a crime.
I'll back up all my charges,
with the marks on my behind.
Don't you ever touch me,
my body's only for my use,
not for your hugs and kisses,
that's just more child abuse.
Don't preach about your morals,
like your Mama did to you.
That's nothing more than mind control,
And it's illegal too!
Mom, I have these children's rights,
so you can't influence me,
or I'll call Children's Services Division,
better known
as C.S.D."
Mom's Reply and Thoughts
Of course my first instinct was
to toss him out the door.
But the chance to teach him a lesson
made me think a little more.
I mulled it over carefully,
I couldn't let this go.
A smile crept upon my face,
he's messing with a pro.
Next day I took him shopping
at the local Goodwill Store..
I told him, "Pick out all you want,
there's shirts & pants galore.
I've called and checked with C.S.D .
who said they didn't care
if I bought you K-Mart shoes
instead of Nike Airs.
I've canceled that appointment
to take your driver's test.
The C.S.D. is unconcerned
so I'll decide what's best."
I said "No time to stop and eat,
or pick up stuff to munch.
And tomorrow you can start to learn
to make your own sack lunch.
Just save the raging appetite,
and wait till dinner time.
We're having liver and onions,
a favorite dish of mine."
He asked "Can I please rent a movie,
to watch on my VCR?"
"Sorry, but I sold your TV,
for new tires on my car.
I also rented! out your room, you'll take the couch instead.
The C.S.D. requires
just a roof over your head.
Your clothing won't be trendy now,
I'll choose what we eat.
That allowance that you used to get,
will buy me something neat.
I'm selling off your jet ski,
dirt-bike & roller blades.
Check out the 'Parents Bill of Rights',
It's in effect today!
Hey hot shot, are you crying,
Why are you on your knees?
Are you asking God to help you out,
instead of C.S.D..?"
Something similar happened between my stepson and I. He got two f's and I told him he wasn't allowed to play any video games. He told his guidance counselor that I took away ALL of his privilages, didn't feed him dinner, and spanked him (he's twelve) So Social Services got involved and said they wanted to do a home study. When they arrived, I had all of his clothes packed and ready to go and told the Social Worker that if they believed him the best thing to do was to get him out of my house b/c I was not going to put myself in a situation like this where my side of the story was not important. So, they took him and in two days he was crying to come home. I read this poem to him when he came back home and haven't had a problem since.
Actually what he did was legal but wrong. Social Services is just a crock of sh*t that don't help those who really need it because they are too busy bothering good parents.
2006-12-21 05:47:33 · answer #1 · answered by wunluv06 3 · 6⤊ 0⤋
Recording conversations is legislated in each state differently. In one party states, only one party needs to know they are being recorded, two party both know... states are about 50/50 in which category they fall into.
As far as it being admissable, WHERE was your attorney when it was admitted as evidence???? I'm sorry, but I've worked so many domestic violence cases from both sides of the room, there's a lot more to this than two people arguing over balancing the checkbook! Family court doesn't pull custody over a run of the mill incident.
Why were you there in the first place? How many kids would take the time to record something their parents are doing unless it was for a reason? Sorry, but I have a feeling he's better off where he is now, and you need to fix some things at home.
2006-12-21 08:23:17 · answer #2 · answered by Anonymous · 0⤊ 1⤋
It seems you have other issues that need to be addressed. To answer the specific question, the answer is yes, it is illegal to record, without notice, another person's conversation unless one party knows that the conversation is being recorded. That means that if you and your son were talking to each other, then he could record the conversation and it would be legal. If he is recording a conversation that is not including him, and he does not let anyone know, then it is illegal. That rule is for civilians. Police officers have to have a court order to record other peoples conversations that don't include them. We, as police officers, record most everything we do when we talk to people, but we are included in the conversation, so that is legal even without notice.
2006-12-21 09:47:47 · answer #3 · answered by gablueliner 3 · 1⤊ 0⤋
You need the person that you recorded to acknowledge and approve that you recorded the conversation. Even if that was possible it wound not be admitted in a court of law. That person must be physically present during the proceeding to be put under oath. And also have the right to despute your accuations. Courts are suposed to be impartial not one sided and that what your sonero would be.
2016-03-29 02:44:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I do believe that in court...they can use it as evidence for their defense, but cannot use your statements as evidence. In otherwords...if you are the plantiff and you claimed slander. Then they could use the recording to show the judge in their defense that they were not slanderous. However, you could not use the recording as part of key evedince unless they were aware of possible recordings. I am sure a lawyer will confirm or deny this...but that is my understanding.
2006-12-21 05:44:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
From my understanding you can record conversations but the other person needs to be aware of it. Hence, whenever you call a customer service line sometimes you get a recorded message warning you that your conversation will be recorded.
2006-12-21 05:43:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Where is you son now? Why would he go to these lengths to be someone else's custody rather than your own? That should be your first question.
2006-12-21 05:40:51 · answer #7 · answered by Vette999 3 · 1⤊ 1⤋
It depends on your state. Generally, it is not illegal but it will also not be admissible in criminal court.
2006-12-21 05:41:06 · answer #8 · answered by Judge Dredd 5 · 0⤊ 0⤋
if the safety of a minor is in question, your "rights" go out the window. if your son recorded an argument with your husband, you have bigger problems than an illegal recording. you should seek family counseling
2006-12-21 05:50:55 · answer #9 · answered by kapute2 5 · 0⤊ 4⤋
a gov't agent cant do this..without a court order...but a civilian can...you might want to find out who gave your sonthe idea....
2006-12-21 05:37:25 · answer #10 · answered by badjanssen 5 · 1⤊ 0⤋