Legal Question in Family Law in Massachusetts
My question is that I have a judgment that states I may contact my child once a week buy phone,but when I tried to the father said I would have to agree to have the calls recorded....does he have the right to do that? Is it legal for him to put his own stipulations on the order
4 Answers from Attorneys
No, absolutely not!
In can ask but you should not agree. Moreover, you or your attorney should advise him about your position. On the other hand, what is the harm of a parent recording a conversation with a child, so long as you get a copy of the recording. How old is the child. If the father refuses to allow telephone contact, unimpeded, then file a complaint for contempt.
He has no right to insist on recording your conversations. You should never agree to have the conversations recorded. Unless the Judge's order states that the conversations shall be recorded his refusal to allow the conversations without recording is a violation of the court order. If he doesn't allow the conversations immediately you should bring a contempt action.
No in fact it is illegal to record a conversation without the other parties consent. He needs a Court Order that says the calls are to be recorded. Otherwise you can file a contempt complaint against him.
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