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  • Audio Recording

    I have this audio recording where I say to my ex in a really nice way to becareful not to show our kids her anxiousness and she flies off the handles and says she is going to stab me and stuff.... this was a year before the seperation and i was recording it to show my ex how she is kind of angry when we have conversations.

    Would this be useful in court, my lawyer doesn't think so...

  • #2
    If you are a male, then no, it is useless. If you are a female, you can get him charged in no minutes for "uttering threats" and "threatening with death". Actually you don't even need a recording for that.

    Comment


    • #3
      Originally posted by Links17 View Post
      I have this audio recording where I say to my ex in a really nice way to becareful not to show our kids her anxiousness and she flies off the handles and says she is going to stab me and stuff.... this was a year before the seperation and i was recording it to show my ex how she is kind of angry when we have conversations.

      Would this be useful in court, my lawyer doesn't think so...
      This sounds like it was in the past. Since you bring it up now, this would be for family court purposes then? No, it is not useful to you.

      "...says she is going to stab me and stuff..."

      Hard to glean real seriousness or context from this statement, but I'm guessing at the time, you did not really feel threatened. If at the time, you did really feel threatened, and your ex did in fact state she was going to stab you (threatened you harm), you should have raised this with the police back then. That may have had more traction later on, in family court, if the police were able to lay a "uttering threats" charge or some kind of related charge.

      I'd forget about it now.

      Comment


      • #4
        If she is the sort of person to threaten you once like that, then she is the sort to threaten you again if she loses her temper.

        Threatening to stab someone is a criminal code offence. It doesn't matter if Links felt in danger or not; threats like that are not something that we are required to tolerate in this society.

        I would save the recording so that if she threatens again, you can show a pattern of behaviour.

        Comment


        • #5
          its useless

          the judge will never hear it

          you can play them on the internet for others to hear like I do

          my friend John who is handicapped with bad knee/cane was knocked down in the court room by his x in front of Judge, his kids where running away from her and the old Judge still wouldn't give him custody, the court sherrif's detained him afterwards while she left without hassel

          my x started screaming at me in court with fists clinched and red face while I spoke to Judge, she crossed the center line and Judge pressed the panic button, I was detained for questioning while she went free.

          we are pedophiles, sex offenders, child abusers , wife beaters , cheaters, womenizers, oppressors , it will take 200 years for this prejudice to 'evolve' past that no matter how common sense your position and evidence is.


          think about it - where is the one place recorders are not allowed - court !!

          just image how you-tube would light up with 5000 + videos a day of judges giving berserk judgments in favor of 1 sex over the other ...

          Comment


          • #6
            Originally posted by pokeman View Post
            think about it - where is the one place recorders are not allowed - court !!

            just image how you-tube would light up with 5000 + videos a day of judges giving berserk judgments in favor of 1 sex over the other ...
            http://www.oba.org/en/pdf/sec_news_c...13_tec_abr.pdf

            ...

            WARNING! Open Mic Sessions Now Appearing At A Courtroom Near You!
            The next time you're in court, be very careful what you say! Effective January 2, 2013, DRDís are in place and active in all Superior Court courtrooms in the Toronto region (in fact, across the province).

            ...

            The good news is that counsel will be able to get complete and annotated recordings of the evidence on CD-ROMs right away at the end of each day (no waiting for transcripts Ė in fact there will be no transcripts, unless specifically requested by the judge or counsel. Note also that there will be a nominal charge for the CD-ROMs.) The potentially bad news is that the 17 or so extremely sensitive microphones placed in each courtroom will be simultaneously recording everything (that means EVERYTHING!) anyone says, including comments by lawyers at counsel tables and discussions with their clients, if they happen to be too close to the open microphones. So remember, if you canít say anything nice, write it on a Post-It Note!
            Good Luck!
            Tayken

            Comment


            • #7
              Originally posted by pokeman View Post
              its useless

              the judge will never hear it

              you can play them on the internet for others to hear like I do

              ...
              Your comments are useless. The judge doesn't have to hear it, you submit a transcript as part of your affidavit. The recording remains available if the transcript is challenged. The transcript may be sworn as true and accurate by a notary who listens to the recording.

              Many people need to resort to restraining orders from the courts when their former partners threaten or harrass them. If this is the case, it is wise to have evidence. Keep the evidence.

              Comment


              • #8
                tayken, you missed the point - its called "you" tube for a reason - not 'gov allowed tube' , research it please and get back to me

                once again men/fathers I can not stress enough get yourself a reference for a lawyer from another man/father whom was represented well

                my 'collaborative' lawyers would not acknowledge nor transcript anything, when I insisted their 'lacky' therapist reviewed it she said they couldn't hear anything then handed me a $1200 bill

                being an engineer with 3 post secondary 'with distinction' diplomas I offered to fix their computer or iphone or perhaps direct them to a website where 30,000 people have downloaded portions of it and said WTF, I even offered them a specialist recommendation that could assist them with their hearing problems.

                this is what happens men/fathers when you think the system is fair - that its 'just' and we are all treated as equals , once your surrounded by those that favor 1 sex over the other your done.

                this is why Canada needs to adopt a '50/50 access/division court ordered up front' to put these legal parasites out of business , then posts like keeping audio recording wont be required .. think about it and who gains by not doing it.

                peace out
                Last edited by pokeman; 06-25-2013, 03:56 PM. Reason: changed father to men/father and access to access/division

                Comment


                • #9
                  I have a recording of my Ex fighting with me in front of the childrren, i want to present the recording as evidence but my lawyer does not agree with me. His thinks ithat the judge wouldn't like it and he feels that it can harm me in the court proceedings. what do you think i should do, push it or just let it go?

                  Comment


                  • #10
                    What is it ?

                    Comment


                    • #11
                      nolimit

                      you'll have to disclose a bit more detail whats on the recordings ...

                      the recording can make you look like a bully, a @sshole, a vengeful d*ckwad .. if your a man

                      here's why

                      in general this is my observation of how the system work$ in good old canada :

                      my sister in law beat my niece with a broom, my brother called children services and they told him stop being a vengful man trying to get traction in court, so he went to school with his daughter and showed the principle the bruises and the principle called childrens services who reacted.

                      get it ?

                      the whole system top to bottom works this way.

                      no matter how much my brother jumped up and down trying to protect his kids he is just a pr1ck, if she made the claim then he is out of house aka homeless until he can prove otherwise , they are not your (joint) kids, they are "hers" , so someone in a position of authority needs to make the claim ...

                      often lawyers in their high rise downtown towers have little huts built around their dwelling full of phd/therapists whom are ready and willing to document the family dynamic - since your lawyer is telling you what is harmful to you i assume they are also telling you whats helpful too ?

                      if not :

                      big red flag goes up here !!

                      be forewarned - the problem isnt just the courts, the lawyers have total power over your life and if they are prejudice then your f****d and my estimate is 90% of them are.

                      here are some quick tips for short term survival :

                      - your lawyer can find a "hut" full of phd's ready to make a buck to back up your recording if its contents are significant - relevant and recent , its done all the time for "mothers"

                      - if your lawyer tells you what you cant do but doesn't tell you what you should do your f****d - start looking for a non.prejudice lawyer

                      - go to every court proceeding and watch your lawyer carefully

                      - as you loose more and more access to your children and your lawyer uses the term 'best interests of the children' then your f****d - start looking for a non.prejudice lawyer

                      - if your lawyer doesnt layout a game plan with achievable goals yet is billing you with clock precision then your f****d - start looking for a non.prejudice lawyer

                      I got a 100+ signs to look out for but in general if it doesnt feel right then its not right, even if your current lawyer is ok you should seek out other fathers whom had a decent lawyer and keep their #phone handy.

                      disclaimer - if your the mother of the children no worries, unless your an escaped mental patient your most likely getting 60% of custody ...

                      look forward to a bit more details nolimits

                      peace out
                      Last edited by pokeman; 03-06-2014, 01:17 AM.

                      Comment


                      • #12
                        Originally posted by pokeman View Post
                        nolimit

                        you'll have to disclose a bit more detail whats on the recordings ...

                        the recording can make you look like a bully, a @sshole, a vengeful d*ckwad .. if your a man

                        here's why

                        in general this is my observation of how the system work$ in good old canada :

                        my sister in law beat my niece with a broom, my brother called children services and they told him stop being a vengful man trying to get traction in court, so he went to school with his daughter and showed the principle the bruises and the principle called childrens services who reacted.

                        get it ?

                        the whole system top to bottom works this way.

                        no matter how much my brother jumped up and down trying to protect his kids he is just a pr1ck, if she made the claim then he is out of house aka homeless until he can prove otherwise , they are not your (joint) kids, they are "hers" , so someone in a position of authority needs to make the claim ...

                        often lawyers in their high rise downtown towers have little huts built around their dwelling full of phd/therapists whom are ready and willing to document the family dynamic - since your lawyer is telling you what is harmful to you i assume they are also telling you whats helpful too ?

                        if not :

                        big red flag goes up here !!

                        be forewarned - the problem isnt just the courts, the lawyers have total power over your life and if they are prejudice then your f****d and my estimate is 90% of them are.

                        here are some quick tips for short term survival :

                        - your lawyer can find a "hut" full of phd's ready to make a buck to back up your recording if its contents are significant - relevant and recent , its done all the time for "mothers"

                        - if your lawyer tells you what you cant do but doesn't tell you what you should do your f****d - start looking for a non.prejudice lawyer

                        - go to every court proceeding and watch your lawyer carefully

                        - as you loose more and more access to your children and your lawyer uses the term 'best interests of the children' then your f****d - start looking for a non.prejudice lawyer

                        - if your lawyer doesnt layout a game plan with achievable goals yet is billing you with clock precision then your f****d - start looking for a non.prejudice lawyer

                        I got a 100+ signs to look out for but in general if it doesnt feel right then its not right, even if your current lawyer is ok you should seek out other fathers whom had a decent lawyer and keep their #phone handy.

                        disclaimer - if your the mother of the children no worries, unless your an escaped mental patient your most likely getting 60% of custody ...

                        look forward to a bit more details nolimits

                        peace out
                        pokeman those are excellent points. There is such a bias. I got assaulted by my ex. She got arrested and walked away with no charges. I however am out of my house!
                        I have a recording made two days after the final decision was issued after trial. I basically was more successful at trial as I got the custody I wanted, the CS/SS payable to her, the correct equalization payable to her, etc that were accurate. She had inflated all figures and wanted sole custody.

                        But regardless, I got less time with kid. And my ex celebrated that by text, facebook post, and by telling that to me two days after the decision was issued, that she got exactly what she wanted, which is less time and to put distance between me and my kid. I have the recording, I will transcribe it, and will add it as an exhibit in a couple of weeks when six months is over and I file a motion to change.

                        It does help though that my ex sort of wrote the same contents of the recording, in text and emails to me. So if the recording doesn't stick, the emails and texts will.

                        TOO MUCH BIAS!
                        We men are fu**ed.

                        Comment


                        • #13
                          Her claiming that her goal was to minimize YOUR time with the child is important. In Quebec anyways.

                          Her celebrating and being a b***ch is less important.

                          In custody disputes you need to FOCUS on your abilities as a parent because it isn't a competition. As long as both parents are competent, can meet the needs of the children, can communicate basically and have no major logistical issues (they live close enough etc...). It can work.

                          The strat I suggest, is to focus on yourself and just lay some subtle doubt about the EX (if it needs to be laid) but don't be so overt, mention it off-hand or in a non-emotional way as if you want to just let the judge know (FYI).

                          For mothers, because there is a much larger tendency to aware shared custody in essence they ALMOST (i said almost) have the burden of proof to show the dad is incompetent unable etc....

                          Which is why they have to resort to false status quos, abuse allegations, creating conflict etc...

                          In a little while I am sure the default will be shared custody and things willl be less litigious (I wonder if that is the case in Australia)

                          Don't feel sorry for yourself about gender bias, just work the system. There is gender bias in domestic violence just because 99% of the time it is men killing women and not the other way around.
                          Last edited by Links17; 03-06-2014, 11:20 AM.

                          Comment


                          • #14
                            It seems that audio recording is legal in canada..

                            WHY TAPE RECORDING IS LEGAL? | WinningCourtStrategies.com

                            Comment


                            • #15
                              Originally posted by Links17 View Post
                              I have this audio recording where I say to my ex in a really nice way to becareful not to show our kids her anxiousness and she flies off the handles and says she is going to stab me and stuff.... this was a year before the seperation and i was recording it to show my ex how she is kind of angry when we have conversations.

                              Would this be useful in court, my lawyer doesn't think so...
                              So the recording is more than a year old, from before you separated? I can't see how it would be of much use in the present. Your ex could always claim "that was then, things are different now". I think your lawyer is right. (In any case, all it shows is that your ex really, really doesn't like you, which is kind of obvious because you're getting divorced).

                              Comment

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