Legal Question in Family Law in Washington

recording phone conversations

My girlfriend has split custody of her 11 year old daughter. We have some concerns that he may be manipulating her as far as her thoughts towards us. After phone calls with him during her week with us she becomes very disrespectful towards us and loses her normally cheery personality.

Are we able to record conversations in our home? If not what can we do to resolve this? We do know that he is going to try and get full custody of her, she has informed us of this.


Asked on 2/17/07, 12:05 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: recording phone conversations

My first rule of litigation is to never take legal advice from your ex, especially when it comes to you through your child.

Washington does not recognize custody as a concept, not split or full.

Washington recognizes primary residential placement. That requires a parenting plan with residential time with the non-primary residential parent.

50-50 time is every other weekend, every other holiday and sometimes a midweek overnight.

There was a recent case on recording conversations between a minor child and a person out side the house, and I cannot, off the top of my head remember the result, but I *think* it disfavored recording conversations without the permission of at least one person to the conversation.

What you can do to cope is to realize that in order to find adequate cause for a major modification, a court has to find such a significant change in the circumstances of the non moving party (you) and that it is in the child's best interest to upend a previous residential placement decision.

That doesn't happen all that often, unless the residential parent has taken up crack cocaine or been convicted of child molestation or some similarly awful thing.

He can threaten you all he wants, and encourage her to spy on you and make your life miserable, but his antics will come to no good end. It just makes the judge angry that a disgruntled non residential parent would be that vindictive as to ruin his child's life.

There is a concept out there you might want to Google: Parent Alienation Syndrome. It's gross, and it happens.

Sounds as though this may be happening to you, especially if your daughter is the one informing you of his plans.

My plans always specifically forbid discussions of placement with the children, and sending messages through the children, among other things.

I hope this helps. Powell

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Answered on 2/17/07, 1:17 am


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