My fiance and his ex went to custody mediation. My fiance told his ex he has evvidence of her trying to keep their daughter from him. The mediator asked what evidence, and he said he has text messages and emails saved. His ex now refuses to communicate at all unless its over the phone or in person, saying she’s not going to let him have any more ammo to use against her. He wants to start recording their convos and how she is. For ex: they did not agree in mediation and my fiance is due to have his daughter this weekend for fathers day. Because he didn’t agree with her, his ex is now saying the only way he can see his child is if he gets off work early to get her from school in raleigh. My fiance will be working in mebane that day. He asked her to meet him like normal and she is refusing, saying if he won’t do what she wants then she won’t do anything for him and if he won’t take off work then he can’t get the child. Can my fiance record convos like this to use in court when it comes to custody to prove she will not work with him? How much do recorded convos usually hold up? (Both sides of the convo would be recorded)
There are a lot of laws surrounding recording conversations, but the general rule is that a person can only record a conversation if he or she is a party to the conversation.
As long as the party can authenticate the recording and properly enter it as evidence, it shouldn’t be a problem to put into evidence.