I want to video a father's behaviour towards his daughter and his ex everytime he arrives in a public carpark to pick up his 3 year old daughter. But is it legal in California? I want to get on film the reactions of the daughter when she see's her dad and the reaction of the little girl when she see's her mum a week later in the same resturant carpark - its with a view to getting full child custody. The child's father's family approached the child's mother and said the mother needs to get her baby out of the father's hands so we want to get evidence for family court. Also are there any groups or organizations that can give factual advice about what the mother should do to prove her case. His family alerted the mother but don't want to be involved as they are too scared of the baby's dad. So its the mother's word against the father's and as of now they both have 50-50 custody
2007-12-17 06:17:35 · 11 answers · asked by B M 1 in Politics & Government ➔ Law & Ethics
I don't know of anything which would prevent video of anything which happens in public, nor (if the person to took the video is available to testify) to admitting it in court. However, any recording of any confidential conversation (i.e., audio) would be illegal and inadmissible. It is probable that any conversation loud enough to be recorded under these circumstances would not be confidential, but if all you need is the video, you might want to make sure that there is no audio to confuse things.
2007-12-17 07:53:06 · answer #1 · answered by Anonymous · 1⤊ 0⤋
A text message can be entered as evidence that a contract existed. However, in this case it doesn't appear that there ever was a contract, because one of the essential elements of a contract is an exchange of consideration. Since she wasn't committed to paying you to take her stuff to Nevada, all you had was an 'offer' to do so, not a contract, and it's not enforceable. Likewise, your offer to 'pay you or whoever' wasn't a contract because you were getting nothing out of it, so no 'exchange of consideration', no contract, and it's not enforceable. Edit: 1) To "Frank T" -- Real estate transactions are covered by the "Statute of Frauds", that requires a written contract. A verbal contract to close on a house would be unenforceable, so a text message suporting the existance of the verbal contract would be meaningless anyway. A 'contract' to haul goods would not have to be written, so a verbal or text message contract would be enforceable. 2) To "Arthur" -- Text messages can be introduced as evidence. If the purported author denies writing them, it is simply a matter of credibility. The judge gets to decide whether to believe he did, or not. Richard
2016-05-24 09:10:44 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You can film anyone in public...I went through the same thing with my ex. Although he was filming me because he was a jerk and trying to upset me...it didn't work. You choose to film what happens and take it to court...but you need to know that it is HIGHLY unlikely unless you can prove he is unfit or a detriment to his daughter that you are going to get much changed with regards to custody. Especially in the state of California...they are VERY father friendly there. You need to also know that if you harass the father or continue to take him to court, file reports against him, etc., the court may just reverse custody to the father. So be careful.
2007-12-17 06:23:24 · answer #3 · answered by lahockeyg 5 · 0⤊ 0⤋
Anything shot in public is open for anyone to see. What someone does in the middle of a public park can be seen by anyone. Tape away.
The only thing that wouldn't be legal would be shooting things in public that are not normally viewable by the public, such as intentionally attempting to shoot up someone's skirt, etc.
2007-12-17 06:21:24 · answer #4 · answered by Laura C 3 · 0⤊ 0⤋
Anything that happens in public can be legally taped. The tape is admissable in court.
Richard
2007-12-17 06:24:23 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋
As long as the videotaping occurs in a public place, then it's probably legal.
2007-12-17 06:20:58 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Its illegal without permission of both mom and dad whicjh ill doubt you'll get so maybe you can propose this to the judge and get permission
2007-12-17 06:20:50 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I would contact a lawyer for advise. No one on here is gonna give you correct info.
2007-12-17 06:21:12 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I don't think there are any privacy rights anymore; it comes under homeland security.
2007-12-17 06:29:18 · answer #9 · answered by Mezmarelda 6 · 0⤊ 0⤋
yes and yes
it is the foundation of all undercover operations
2007-12-17 06:20:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋