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  1. #1

    Default Recording Phone Conversations

    My question involves a child custody case from the State of: TN

    My attorney has filed a "Petition to modify custody and hold respondent in contempt" on my behalf. I expect my ex to be served soon, and also expect he will be calling me very irate over the matter.

    He is in Illinois, I am in Arkansas, our case has been filed in Tennessee, where jurisdiction is.

    Q#1 -Can I legally record any and all telephone conversations between he and I if I tell him at the beginning of the conversation I am/will be recording the conversation. I understand IL to be an "All Party" state.

    Q#2 - Can these recordings, if I can make them, be used in court should we go to trial or hearing regarding my petition in front of the court.

    Q#3 - If I can record, should I remind him during the conversations that I am in fact recording the calls every so often, and how often would be suggested.

    A couple years ago he was being very ignorant with me and denied conversation between our children and I. So I borrowed my sisters telephone recorder and told him I was recording, he cursed me over and over and said he could care less he would tell the judge to F* off himself. Well the recorder did not work properly so it was obviously useless..he did however allow contact again with our children after that.

    I am fairly certain he will contact me over this, and he will possibly make more threats. The last time I talked to him he told me I would never see my kids again and to F* off. So I would like to be able to record any and all of our conversations in the future.

    Thanks in advance.

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: Recording Phone Conversations

    You might want to ask your attorney if there can be a restraining order clause saying that he cannot discuss the ongoing case with you or use threatening language. I think the courts have a standard order they use to say something like that.

    If he starts in on you then you can say that you cannot discuss the case and tell him you are hanging up. There is no reason for you to put up with the conversation.

  3. #3
    Join Date
    Aug 2008
    Location
    Southern California
    Posts
    21

    Default Re: Recording Phone Conversations

    Hey Mickey,
    In my TRO - I checked a box on the form allowing me to record conversations... any type. Not sure if this is something available to you but perhaps you can file an ex parte motion for a TRO and make sure it allows you to do this? I don't know but maybe you can even go to court based on the circumstances to get JUST an order to record his horrid and harrassing calls?

    I also think if you allow the answering machine to pick up - then allow it to continue recording the call, he doesn't need to be told he is being recorded as the machine just told him that. I'm in CA, I'm NOT a lawyer and I don't play one on TV... but I do wish you lots of luck as this is a super sucky situation, I really hate abusive people.

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