Hi All, today DH (separated) and I went to a relationship counsellor. I noticed him fumbling with his phone a little. I was fairly annoyed. At the end of the counselling session, we walked outside and he got him mobile out of his pocket, when he said 'oh it's still recording' I said to him, "Did you record that conversation?" He said yes. I said why? He replied 'I'll need it if we go to court (child is involved)' as far as I am aware, it is illegal to record a conversation and use it without permission. I feel complete betrayed. Can someone please clarify my rights?
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20-11-2014 20:01 #1
Recording a conversation
20-11-2014 20:06 #2
It's my understanding that it wouldn't stand up in court if it's a secret recording.
20-11-2014 20:12 #3
Recording a conversation
Yes I believe you need to be made aware that the conversation is being recorded. If not then it is in itself, illegal.
20-11-2014 20:18 #4
As above. It would be thrown out of court.
20-11-2014 20:26 #5
Won't stand up in court
20-11-2014 20:43 #6-
- Join Date
- Apr 2012
It sucks ... My advice is don't put yourself in situations where he can record you. And yes this means counsellIng unfortunately. If your DP is acting like this I am not sure that ditching counsellIng to reconcile would be a bad thing.
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20-11-2014 20:48 #7
I have no idea on the legalities but I would strongly recommend making a record of the date and events surrounding it. For example:
x November 2014
Face to face discussion at (location)
Counselling session with H and counselor to discussion XYZ. H revealed after the session that he had recorded the discussion on his phone and that its purpose of this recording was as evidence for future possible court/legal events. At no time prior to the counseling session did H advise or suggest he was goign to record the discussions.
I commented to H that is illegal but he advised that it was not illegal and that he woudl use it against me if needed.
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20-11-2014 20:51 #8
Iv been going throu family court for 8 years
20-11-2014 20:59 #9
This is not true. The recording isn't of itself illegal, and if you make a statement against the recording under oath in court it could be used as evidence against you. For example if you said in th session that you had abused a child then said in court that you hadn't, it may be used as a statement against interest.
However if you signed an agreement that whatever you said in counseling was confidential it may be thrown out.
You need to see your lawyer about this.
20-11-2014 21:18 #10
But I also agree that because it is counseling it may be different and unusable in court
I think a lawyer is your best bet.
I'm sorry he is doing this to you and I hope it all works out soon
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