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Taping of Conversations in Custody Disputes

I had an interesting issue arise in a case the other day dealing with my client's visitation in the midst of a child dispute. Their ex-spouse had temporary custody of their child. During a visitation my client picked up the child and unbeknownst to both my client and the child, and without their consent, the custodial parent had planted a taping device, recording the conversations between the child and parent. Opposing counsel attempted to admit these conversations as evidence during trial, knowing he did not have my client's consent or knowledge of the taping or that of the child. Under New York law, a conversation between two or more parties may be admitted into evidence as long as one of the parties is aware of, or consents to, the taping. At this time, there is no decision under New York State law that either allows or disallows taped conversations such as these to be admitted into evidence. However, New Jersey courts have ruled that a conversation taped by a parent, between a party and their child, may be admitted into evidence even if neither the child nor the other party consented to the taping, so long as such recording be in the child's best interests and that one party has custody.

Here at Jonathan E. Kroll & Associates, PLLC, we can handle all matrimonial cases, no matter how intricate or difficult the circumstances may be. If you are currently involved in, or are contemplating, a divorce or custody and visitation dispute, don't hesitate to contact our office today. Our experienced attorneys will do anything possible to best help put any issues you may be facing at ease.

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