Q: It’s come to my attention that my ex wife solicited my daughter to record mine and my wife’s conversation in the car.
Revised details. Family court date set for Friday 17th. She submitted to evidence a snap shot of a text between her and me daughter stating “try to record him”, (my wife and I conversation). If I recall at that moment we were in the car driving home. I very lightly talking to my wife about my doctors appointment that accrued that day.
In another exhibit that she has submitted it clearly states from my ex to my daughter “well that’s not much of a video” and it is Half visible that some type of image or video was sent.
A: You would need to file a report with the law enforcement agency in whose jurisdiction the alleged crime allegedly occurred. For the "solicitation" that would be wherever the conversation took place. If the recording was actually made, you would need to contact the agency within whose jurisdiction the recording was taken, if different from the jurisdiction where the conversation between your daughter and your ex occurred. I would be astonished if a law enforcement agency determined your complaint to be one they wished to file charges on. I would be further shocked if a prosecutor elected to pursue prosecution.
I am completely baffled as to where you see an opportunity to "obtain compensation" based on the facts you have presented. In order to make a civil claim which would result in "compensation," one must have suffered damages. It appears your daughter and your ex had a conversation and your daughter either did or did not record a conversation. You have not indicated any recording was even obtained. If there is a recording you do not give any reason to believe said recording was "published" in any way which injured you.
Other than her being nosy, I cannot speculate why your ex would even desire to have a recording of a private conversation between you and your replacement spouse. The most reasonable course of action is to assume any conversation not held in private between two parties is subject to recording. Even without a recording, conversations had in front of another party can always be reported to those not present. Your energies would be better spent trying to provide your daughter with as much normalcy as possible. At first blush it appears that she is being exposed to significant turmoil between her birth parents and that one or both of her parents have deficits in their ability to communicate and/or deal with their emotions. Psychological counseling may be indicated for all parties to assist in implementing more effective communication and coping strategies.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.