Phone Conversation Interference....

[Lils]

What is the name of your state?

Hi gang...

I just posted a few days ago regarding my boyfriend's trial decision and the recourse he can take.....he was very afraid that his ex would deny him phone contact with his 5 and 1 year old, and that is exactly what she is doing....

Here's the scoop:

When he called his child today (reminder, he is in GA and his ex and children are in NJ), he was told by his ex that he could speak to them, but all conversations would be on speaker phone......he told her that he has the right to have phone conversations with his children without her interfering and listening in and she said that she would monitor the phone call and if he said anything "inappropriate", she would interrupt immediately and she would choose whether or not to terminate the phone call immediately. He explained that this was illegal and she said "get over it!".....note: he does not speak to his 5 year old about ANYTHING inappropriate, he asks her about her day, then reads her a storybook and sings her a song....he then sings and reads to his 1 year old....before the judgment, she interfered, but she did it slyly and was sneaky, so it wasn't overt enough to get true evidence against her....getting back to the story, this rather heated exchange was said over speaker phone with the 5 year old listening. Finally, he directed his attention to his daughter, and immediately, his ex chimed in and took over the conversation. She was yelling at him, all with his 5 year old listening, that she could do whatever she wanted, that she was the "legal guardian", and he had better get used to speaking to his daughter by speaker phone or not at all. In the middle of this, his daughter became so upset that she hit his ex and she can be heard saying "Sweetie, that's not nice to hit mommy!"....

He has this conversation taped, and it is CLEAR that this is her not-so-hidden attempt to alienate his children from him.

What can he do? Should he just continue to tape these conversations and then go to the judge with them? Her only allowing him to speak to his daughter over speaker phone isn't necessarily contempt, because there is nothing specified in the CO about phone calls....but it is clear what her intentions are in that she does not want my boyfriend to have ANY contact with his children....

Any advice would be greatly appreciated! And again, my boyfriend does not say ANYTHING inappropriate to his children......he asked his child "How are things going there?", and his ex considered that completely inappropriate.

I really appreciate any advice.....

Thanks!

Lils

 

[king sol]

A modification to the order specifically stating unhamper phone conversations with child.

Just as a interesting note: The custody battle between Alec Baldwin and Kim Basinger have a stipulation in their order stating a seperate phone line in the child's room must be provided for unhampered phone relations between child/parent.

 

[BelizeBreeze]

Since both New Jersey and Georgia are one-party states, I would advise your husband to file charges against the ex for illegal eavesdropping.

Georgia law makes it illegal to intentionally and secretly intercept, by use of a device, the contents of a message transmitted by telephone or "any other means of private communication." Interception is not illegal, however, if you are a party to the communication or if one of the parties has given prior consent.

It is also illegal to intentionally and "in a clandestine manner" overhear, transmit or record (or attempt to overhear, transmit or record) the private conversations of others that "originate in any private place." A "private place" is defined as "a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance." Georgia courts have interpreted the statute to allow a party to the conversation to record or divulge it.

Eavesdropping, wiretapping and surveillance are felonies, punishable by one to five years in prison or a $10,000 fine or both. The exception is intercepting a cellular telephone conversation, which is a misdemeanor punishable by up to a year in prison and a $5,000 fine.
Although Georgia law does not specifically provide civil remedies for surveillance, wiretapping and eavesdropping offenses, courts have allowed claims for invasion of privacy based on wiretapping to proceed, even when none of the information obtained was published or disclosed.

Official Code of Georgia Annotated Sections 16-11-60 to 16-11-63, 16-11-66 to 16-11-66.1, 16-11-69 (1997); Mitchell v. State, 235 S.E.2d 509 (Ga. 1977); Elmore v. Atlantic Zayre, 341 S.E.2d 905 (Ga. Ct. App. 1986); Awbrey v. Great Atlantic & Pacific Tea Co., 505 F. Supp. 604 (N.D. Ga. 1980).