Illegally filmed evidence

[Jase896]

Hi gang,

Just a quick one, what are the courts views and stances on evidence being used that was filmed without the other person aware?

For context, my ex when we split up secretly filmed a conversation between us in which she tried to set me up, when in reality she paints herself in a bad light.

Thanks

 

[Nanaforsonsjustice]

Hi gang,

Just a quick one, what are the courts views and stances on evidence being used that was filmed without the other person aware?

For context, my ex when we split up secretly filmed a conversation between us in which she tried to set me up, when in reality she paints herself in a bad light.

Thanks

You can ask the court to dismiss the recording if she has not requested permission to have them as admitted as evidence on a C2. And can state the following:

I believe the covert recordings were a substantial and sustained invasion of the my privacy and it was reasonable for me to have found the experience distressing and anxious-making. I believe the Respondents true motivation for covertly recording me had been, and remained, on a deliberate fishing exercise with the aim of gathering “evidence” I believe that the Respondent began gathering “evidence” which was coerced and manipulated. I believe the Respondent has played to the recordings by distorting what happened in commentary designed to show her in a favourable light and conversely trying to entrap me into indicating my actions in a poor light as evidenced by this covert recording.

 

[Scotay]

You can ask the court to dismiss the recording if she has not requested permission to have them as admitted as evidence on a C2. And can state the following:

I believe the covert recordings were a substantial and sustained invasion of the my privacy and it was reasonable for me to have found the experience distressing and anxious-making. I believe the Respondents true motivation for covertly recording me had been, and remained, on a deliberate fishing exercise with the aim of gathering “evidence” I believe that the Respondent began gathering “evidence” which was coerced and manipulated. I believe the Respondent has played to the recordings by distorting what happened in commentary designed to show her in a favourable light and conversely trying to entrap me into indicating my actions in a poor light as evidenced by this covert recording.

Above is correct.

Every time i went to pick up my daughter from my ex she would be armed with mobile phone in hand and i suspected either voice or video recording was in process.
My ex would insult and criticize until she got a bite, her part of the conversation would be removed with just my reaction presented to court eventually to try to paint a picture.

Judge threw it out and gave and told her he knew exactly what game she was playing.

 

[autisticdad]

This article explains it well: https://www.farrer.co.uk/news-and-i...eedings-in-england--wales-the-hidden-dangers/

Official guidance from Family Justice council - https://www.nagalro.com/_userfiles/...ing_guidance_for_consultation_final_91122.pdf

If your ex asks for covert recordings to be admitted as evidence then ask for a specific hearing to deal with the matter and make an 'oral application' to seek a disclosure order for 'imaging' of the recording device and cloud backups to obtain the complete footage. The disclosure should be made to your solicitor and to you (shows the judge you are only interested in justice and not to invade privacy).

 

[Fellowshipper]

Above is correct.

Every time i went to pick up my daughter from my ex she would be armed with mobile phone in hand and i suspected either voice or video recording was in process.
My ex would insult and criticize until she got a bite, her part of the conversation would be removed with just my reaction presented to court eventually to try to paint a picture.

Judge threw it out and gave and told her he knew exactly what game she was playing.

At some point you have to wonder when will all those who enthusiastically film things for malign intentions, end up causing a boomerang effect which eventually affects the entire society?