If your children are in the presence of someone who you believe is a danger to them, it certainly should be addressed. Its unclear whether or not a judge would here evidence of an arrest record from 10 years ago, however if this person has a tendency towards violence you will certainly want that issue addressed in court.
As far as evidence goes, you do not necessarily have to have recordings for statements to be admissible in court. If your ex relayed this information to you, you can personally testify to what your ex told you.
It seems that you have ample evidence to prove the children may not be safe with your ex.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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