Donate Child Support Calculator
Skip navigation

Filming my X to expose the truth

.

Recently at an exchange handover of the child for contact, the X went off at me big time, and also took place in front of the child.
I just happened to have my camera in my hand, and as it has a movie facility, I hit record and filmed it all.
This has also happened frequently in the past and the X always denies it happened.

Also once I got home I asked the child, what that was all about, again I hit record, and the child exposed the X again, of telling the child parent issues, and that the X is couching the child on things to say.

Now this is very important, as we are due for a hearing in July 2011, and it would expose the X for the things done to the child, and me.
It also exposes the X for items denied in The Family Court in the past, committing perjury.

Can I use movie footage in the family court of the X , even though it was filmed without the X permission?

Can I use movie footage in Family Court of the child, even though it was filmed without child's permission?

.

Last edit: by Fluffs

Just from experience the people involved in the courts as in ICL's, family report writers and such tend to view filming the child saying these things as the child has been coached. Filming the ex half way through an incident often leads to the question of what happened before the recording started and then the question of the possibility you provoked them.
Just my experience though.
.
I hear what your saying .
I am sure coaching goes on, as my child and I am are experiencing this.
The X belittlement happens all the time, non provoked, like I said, I had my camera in my hand, hit record prior assuming again something would go down.
It did as usual and filmed it all.
I asked the child later in the car what that was all about.

I was hoping for a more legal stance, as it was suggested it was filmed without permission?
I think what Faith meant in regard to the coaching the child and child speaking whil ebeing filme dwas acually that it could be suggested YOU were filming it because YOU had coached him/her to say the things said.

I would also question why you stood around filming rather than leaving if it were to come up in court.


In relation to it being illegal/privacy law you would need to look up the filming of people without their permission and see exactly what the law is as if it was illegally filmed they won't allow it to be used as evidence.
I have no idea about the laws of surveillance. But there are cameras all around city streets and in shops filming for evidence of crimes. So it would be interesting to know where you draw the line.
This may not be of any use, but my ex, over the phone, threatened to have me charged with rape if I attempted to get custody of our 2 sons after the Courts after the Federal police located and returned them to.
I called her bluff and told her to do it, as nothing even remotely like that had ever happened in our 10 years together.
I then called a close long-term friend who is a member of the police with over 30 years in the force. He said I had done the correct thing by calling her bluff, and then said I should tape every time we spoke on the phone or met for changeovers, etc.
I never had to use any of the resulting audio & video tapes, as she never ended up wasting everybodys time by filing a complaint.
But I wonder (possibly through being naive) whether a policeman would tell me to tape if it was illegal. Then again…!  :lol:
I would be interested in hearing if anyone has any more idea on the legallity of using video or audio evidence in the Federal Magistrates Court.
In fact I do not think the so-called 'St,Kilda Schoolgirl' was charged by the police for filming without permission.
By the way, I gained custody, lost an appeal then gained custody again over a protracted 3 year battle. And she is still making life difficult, hence my reason for joining this site.
Here's a very good article that's worth a read. http://www.thefamilylawdirectory.com.au/blog/recording-telephone-calls.html
From legal advice I have previously received, video recordings can be used in the FMC / Family court trials, so long as the WHOLE event has been recorded (the reasons for which have already been explained).  But from what I have seen you'd better be an angel yourself, as some magistrates can see these sort of actions as 'inflammatory', which could go against you in a final judgement.  Also be prepared for the other side to waste hours of a one or two day court case arguing about admissability.

With respect to audio recordings - you may as well forget it.  If the recording was made without the other side's knowlege, it's almost certainly inadmissable in court except in the most dire of circumstances.

I too have an Ex who can become somewhat animated at times.  I have found that the best defence for these pesky problems is to ensure that you're never alone whenever you are unfortunate enough to have to encounter him.her.  Take someone with you like a partner/parent/sibling/mate etc etc.  If an event happens, both you and your witness should diarise that event and submit an affidavit discussing same when proceedings in court commence.  Diary entries are invaluable and I have found this to be highly effective and less inflammatory than having to rely on video evidence.

Cheers.  Good luck.  I'm having the same issues you are!
best4thekids said
I too have an Ex who can become somewhat animated at times.  I have found that the best defence for these pesky problems is to ensure that you're never alone whenever you are unfortunate enough to have to encounter him.her.  Take someone with you like a partner/parent/sibling/mate etc etc.  If an event happens, both you and your witness should diarise that event and submit an affidavit discussing same when proceedings in court commence.  Diary entries are invaluable and I have found this to be highly effective and less inflammatory than having to rely on video evidence.
 
I completely agree. Whether or not video/audio footage will be admitted as evidence appears to be quite variable. It will often depend on the direct relevance and how convinced the decision maker is that it is necessary to the case. I don't think recordings of children are ever looked highly upon, for reasons already listed. You can say the ex is coaching the child, but when you turn on a camera and start asking the child questions or having them tell a story, that is a measure of coaching too. If the child is aware they are on film, they may be concerned with saying what they think they are supposed to. If the child is not aware, that could be considered quite a breach of trust. Whether mum's coaching him on what to say to you, or you're asking him about what goes on with mum at her place, it all amounts to a similar thing - the child being relied upon to bring down the other parent. Even if you know your part in this is not the same as hers, a judge may not differentiate between the two.

I think best4thekids is spot on, and we do similar things to prevent continual conflict and false allegations. We NEVER have direct contact with the mother anymore, my partner's dad collects the child whilst he waits at the car. Occasionally if grandpa can't come along, we don't get out of the car at all, we stay and supervise the child getting in the other car from inside our vehicle. This has completely stopped all the false allegations she kept creating based on arguments she was starting with my partner (ie, if he disagreed with one of her unreasonable demands, she would become enraged and argumentative, then go to the police station and make a false report that he verbally abused and intimidated her). Being accompanied by a friend relative has a two-fold use - one, it deters the ex from throwing a hissy fit, as she's aware someone else is watching, and two, it provides you with a witness should she blow up anyway. And as mentioned above, document everything, as this makes you a more credible witness, and the info will become invaluable if you end up in court. The recording of incidents can be valuable for your OWN benefit, e.g., to help you accurately document any indicents without forgetting details. However, it's always a going to be a risk to try to tender it as evidence. Good luck.
My nephew was accused of king-hitting a female police officer (he didn't do it), he purchased the recording from the surveillance cameras in Northbridge, and this was used in court to prove his innocence. He was however, fined for obstructing justice as he intervened following an attack on him when the police were trying to talk to that other guy.
ENUFISENUF said
My nephew was accused of king-hitting a female police officer (he didn't do it), he purchased the recording from the surveillance cameras in Northbridge, and this was used in court to prove his innocence. He was however, fined for obstructing justice as he intervened following an attack on him when the police were trying to talk to that other guy.
 

Yep - and video evidence tends to be fine in a criminal court - as is your case ENUFISENUF.  But what a lot of parents don't realise is that the Family Court is a whole new juristriction with different rules, and usually with Magistrates or Judges who come from a more conservative family law background.  Criminal law and family law are two completely different ballgames.  What is admissable in a criminal matter will often never be allowed in matters pertaining to children etc, and if you attempt to submit such material, you do so at your own peril.

Diarise! Diarise! Diarise.  It's not as dramatic and is more time consuming, but it's deadly effective when such diary entires are attached to an affidavit and submitted as evidence.  Patience and persistance pays off.
Fluffs, I do not recommend giving your recordings to court, however, when you do a pick up handover you don't want to waste time diarising. recording the whole handover, so that you may do an accurate diary entry is fine. It helps keep things 'fresh in the memory.'
1 guest and 0 members have just viewed this.

Recent Tweets