HI,
story thus far, I am the step mum.. I have 6 kids of my own and we have had my husbands daughter since June last year when we did not return her to her mothers from a contact visit due to some disclosures Miss E made. The disclosures are to do with pysical, pyscological and mental abuse. The mother is deny everything Miss E has said however whenever we have any form of contact with the mother we record the conversations which the mother is well aware of, and in these recordings the mother has admitted to everything that Miss E had told us and then some.
the mother has submitted 3 affidavits thus far and we can prove that 90% of whats in them is lies, unfortunately we have been told that we cant use the recordings in court does anyone know a way around this.

One way is to transcribe the recordings and submit the transcriptions if they are questioned then produce the recordings as proof.

If the recordings are gained by a recording device that is connected to the phone system by electrical or electronic means you have broken the law and would suggest this may in fact make the recordings unsuitable as evidence and possibly cause charges to be laid by FP.

However read the family law and family regulations closely in my state there is a small section in one or the other of these that states you may permissibly record conversation if you feel the child is in physical danger and this means evidence can be introduced if you quote this regulation or law.

Remembering of course that affidavits are not considered a legal document until tested in court, otherwise charges would be laid on most.

In saying this you should have quoted the differences in your responses to inform or at least attempt to inform the system. If there was a physical danger to the child you should have also informed the relevant authorities leaving a paper trail to use later.

the federal telecomunications and LD act

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These have been argued in HC before
the intention of the act is to prevent someone tapping into an external phone line and recording conversations
not to prevent someone from obtaining evidence in a private conversation that they were privy to in the first place

I use hands free and small MP3 recorder, which is quite legal under the federal Telecom Act, so then they can only argue the state LD acts which allow recordings for evidence

MP3 recorder for me too.

I transcribed the conversations ASAP some where 40 pages long and full of abuse, they also showed that she held conversations with herself if someone else was present. She made it sound like I was abusing her, I was on the other end of the phone asking what she was talking about.

It's all rather amusing now but at the time it was hard to be detached and not insight her into tripping up.

Remember if you do introduce them as evidence and you are seen to be trying to trick her into making those comments it can work opposite.

There are also freeware programs that change the format of your MP3 player into CD format and you can record them onto a CD I had to change mine from WAV into MP3

I used a program called 'Switch'.
I was changing AMR format (recordings on my other mobile phone) to Video Clips and MP3 format.

Try googling SWITCH.


DC

Can I Yahoo It D.C.

Nahhh just joshing I downloaded Switch a very nice set of easy to use converters there good quality too.

Hi stepmumanddad,

From my experience there are several methods of proving lies.
1) Cross examination.
This option is normally only available in trials.
2) Subpoena'ing witnesses
Members of the public generally resent to the absolute extreme being called into court, most won't turn up without consequences and those who do are often so annoyed at being called they may even lie just to get at you for having inconvenienced them.
3) Drawing on reports through freedom of information (FOI).
Supporting documents can be obtained from schools, hospitals, police, etc. by simply requesting them under the FOI act. Worst case scenario may be formally requesting them in writing, ie: "Under the Freedom of information act I request all documents pertaining to Joe Blow". This type of info can be attatched, or "annexured " as they like to call it to your affidavits to back up the affidavit contents.
4) transcripts of recorded conversations.
In Victoria it is only illegal to actally intercept the phone signal, as in tapping purposes. After the signal comes out as the sweet dolset tones of the aggreived family member it is free to be recorded. Insuction cup mikes are available from general eletronics shops for this purpose.
5) video evidence.
Video evidence can be absolutely fantastic, it is not limitted to ones own personal camcorder but also public security video, which can also be obtained through FOI. Sources may be shopping malls, train stations, the list goes on.

I'm sure this is by no means a conclusive list of every way to prove perjury, Please add or point out faults, if need be.

The other thing I might is that although the perjuries may lead to the children changing address, it is very, very, very unlikely that the perjurer will actually be charged with the perjury offense. Hmmmm, bit strange that one, seeing so much court time and personal blood, sweat and tears is involved in proving these vexatious litigants absence of any morals or limits to what they will do for their own selfish power needs.

If anyone actually has been successful in pressing perjury charges please, please let me know how it was done.