Recording Laws In Custody Hearings

Ask Your Question For Free

Summary

If youre involved in a custody hearing in North Carolina, North Carolinas one-party consent law applies, even if youre a California resident. In North Carolina, only one party needs to consent to record a conversation. However, if the call took place while you were in California and you did not consent, it could be deemed illegal under Californias all-party consent law. This complex issue may affect how the recording is used in court. If youre physically present in North Carolina for the hearing, North Carolinas laws will apply.

Full Conversation

The hearing is in North Carolina does the California rules still count
In a custody hearing in North Carolina, the local laws apply. So, only one party's consent is required for recording conversations. California's all-party consent rule does not apply in this situation.
Even if I’m in California
Even if you're in California, if the hearing is in North Carolina, North Carolina's laws apply. They only require one-party consent for recording conversations.
What about Texas what’s the law there
In Texas, the law is similar to North Carolina. It's a one-party consent state, meaning only one person involved in the conversation needs to consent to the recording.
What if I didn’t consent
If you didn't consent, the laws of the location where the recording occurs generally apply. If the conversation is between California and Texas or North Carolina, it's safer to get consent from all parties to avoid any legal issues.
Well I didn’t consent and when the call took place I was in California
If the call took place when you were in California, and you did not consent to the recording, it could potentially be deemed illegal under California's all-party consent law. However, this is a complex issue and may depend on other factors.
Can that go against me in the court of North Carolina
Yes, it can potentially be used against you in the court of North Carolina, as they operate under one-party consent law for recording conversations. However, the court may consider the legality of the recording under California law. It's a complex issue that depends on multiple factors.
But I’m a California resident
Being a California resident complicates the situation due to the difference in recording laws. However, the location of the court can also matter. Are you attending the hearing remotely from California or physically in North Carolina?
Physically in North Carolina
If you're physically present in North Carolina for the hearing, then North Carolina's laws apply. In North Carolina, only one party needs to consent for a conversation to be legally recorded. Therefore, the recording could potentially be used in the court.