There is a pending investigation by DSS against my ex husband for allegations of neglect concerning our things our daughter has stated while in counseling. I had to take my daughter to DSS to be interviewed and I was allowed to be present with her in the interview and at times was a party to the conversation, I recorded the conversation because it was my understanding that since my daughter is a minor and I was a party to the conversation that it would fall under the “On-Party Consent” law that NC is governed by. Now I am finding out that DSS has read the report to her father and told him what she said, however, what they told me they read to him is not an accurate representation of my daughter’s statements to the DSS caseworker that interviewed her and I have this recording that proves it, but I don’t know if it’s of any use or not. I want to take this recording to DSS and let them hear again what my daughter actually said and request that they modify their report to accurately reflect what my daughter told them because it’s a matter of them reporting that she stated she feels safe while at her dad’s verses the fact that she never at any time in that interview stated any such thing, to the contrary, when asked if she feels safe at dad’s house, she stated “I don’t know how to say this…” and the caseworker told her it was ok, just to say it the best she could and she repeated herself, that she didn’t know how to say it, so then he proceeded to ask her if it was like sometimes she doesn’t feel comfortable and safe and she confirmed that was how she felt. She also said a lot of other concerning things that I don’t know if those statements even made it into the report for her statement. I’m not sure where to go with this. Her dad is accusing me of making false allegations regarding the fact that I asked for an ex parte dvpo and was granted that ex parte order and, while it got dismissed because I didn’t word the complaint in such a way that the complaint rose to meet the legal definition of domestic violence, he is telling me that I need to propose an arrangement for make up time for lost visitation and that DSS told him that our daughter said she does feel safe with him, and if I don’t offer make up time he is going to have his attorney come after me for whatever remedies can be sought on his behalf under the law. I need to be able to prove that what DSS has in that statement report from our daughter’s interview is not an accurate representation of her actual statements to DSS because I don’t feel comfortable giving him make up time and I didn’t make false allegations, my complaint, as written, just didn’t meet the mark to be heard. So my questions are these:
- Do I owe him make up time?
- What recourse can he possibly have in his threat to come after me with his lawyer regarding this situation?
- Is the recording I have of the interview that my daughter and I were in with DSS admissible in court if he does try to come after me?
- Is this recording worth taking to DSS and requesting that they revisit their report of what they claim my daughter stated to them?