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Hi,
The police and my solicitor have both advised me that is fine to record the audio of any conversations that take place between me and my ex. I appreciate there is the chance that the court will decide not to pay any attention to it, but I feel with everything else that goes on, which I document, it might help.
I have emailed my ex to let her know that I will be doing this from now on, so that I am not recording her without her knowing.
She has now replied saying she does not give her consent to record her, and that if I choose to ignore that, then I am to make the recording device visible at all times, so that she can see it and make sure she does not talk to me (her words).
I'm due to pick my daughter up tomorrow lunch time, which I was going to record. I was under the impression I don't need consent, and only had to let her know it was happening. Any one know about this?
I've sent you a private message.
Its a grey area I’m afraid, Whilst there’s nothing illegal , she could take out a civil case and you could open yourself up to a harrasssment order. Although she doesn’t need to see it to understand that it is recording, having it visible could effect the child.
As it’s on record that you have sought advice on this, I doubt you would be penalised.
It’s often useful for both parties where handovers are fractious, can you put it to her that it’s for her protection too.
Thanks both for your comments/private message.
My solicitor emailed to say she wouldn't recommend it, but it was up to me. When I speak to her on Monday I will ask why. The last thing I want is to unwittingly make things worse for myself when all the evidence is in my favour right now.
Mojo - when you say you don't think I would be penalised because I've sought advice, do you mean if I went ahead with the recordings I wouldn't be penalised, or I wouldn't be penalised if I now changed my mind and didn't record anything, having sought advice?
At the moment I'm starting to wonder if it's worth it, and thinking about emailing my ex to say I won't be going ahead with the recordings. But I'm worried that the fact that I considered it might be used against me in court.
Why did you want to record the conversations in the first place? If she is being abusive in any way, then wouldn't displaying the recorder prevent this, which is ultimately a better solution. I would be inclined to go ahead with wearing it, as I can't see any way it can be used against you - you have been open about wanting to record the conversations, and ideally all of the conversations should be presentable in court.
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