VIC Will Video of Domestic Violence Recorded by Child be Admissible?

[Elisabeth]

Hi there,

My matter is being heard in the Federal Circuit Court where I am the Applicant. Domestic violence was the reason for divorce. My former husband continues to deny allegations of child abuse.

One of my children (then age 12) recorded a video of his father abusing his younger brother while I was not at home. The recording was made without knowledge or consent. My eldest son recorded the episode out of fear for his younger brother's safety and for his own safety. Will this recording be admissible in court as evidence of child abuse?

Thanks in advance,

 

[AllForHer]

No idea. The ordinary rules of evidence don't apply in family law matters, and where one party submits evidence and the other objects, it's basically up to the Court what evidence it will accept.

Video recordings are fairly well renowned for being 'double-edged swords' in family law matters, though. It can say as much about the party submitting it as it does about the party appearing in it, so it pays to be careful about what you choose to submit.

 

[Elisabeth]

No idea. The ordinary rules of evidence don't apply in family law matters, and where one party submits evidence and the other objects, it's basically up to the Court what evidence it will accept.

Video recordings are fairly well renowned for being 'double-edged swords' in family law matters, though. It can say as much about the party submitting it as it does about the party appearing in it, so it pays to be careful about what you choose to submit.

Thanks so much for your response

 

[Rod]

Your circumstances are different to most. Here a child was concerned for his sibling.

I'd admit it into evidence and see how you go. Make sure the full circumstances around the making of the video and its subsequent discovery by you are made very clear to the court.

 

[Elisabeth]

Your circumstances are different to most. Here a child was concerned for his sibling.

I'd admit it into evidence and see how you go. Make sure the full circumstances around the making of the video and its subsequent discovery by you are made very clear to the court.

Thanks Rod. I've decided to present it with my next affidavit. I've already outlined the incident by way of transcript in previous Court documents.

The respondent provided an excuse for his behaviour which was nonsensical. I believe I need to present a more graphic audio of the trauma my son was going through during the episode to quash any further denials. I read somewhere on the net that unauthorised recordings could be permissible in the state of Victoria, in matters of family violence, if they are seen to made out of fear for ones safety. Wish I had have had the foresight to saved the link... :/

Thanks for your response

 

[Clancy]

Matters concerning the safety of children are taken very seriously, and typically supersede any rights of the parents.

You would have been told already by mediators that everything you discuss is privileged private information - except matters concerning the safety of the child which they are bound to report according to law. So that is telling you the precedent on how the law will respond to this video

 

[Elisabeth]

Thanks for this info Clancy... No mediation has occurred, so I didn't know this was the case.

 

[Clancy]

Thanks for this info Clancy... No mediation has occurred, so I didn't know this was the case.

Oh, that's surprising? There are usually free mediation services available for a marriage break down, you can get a lot of support and information from them, even if your ex does not attend.

Also you are required by law to do mediation before you can go to court.

 

[Nonfiction]

Also you are required by law to do mediation before you can go to court.

There are exemptions to mediation under certain circumstances. This matter is already in court.

Make sure the full circumstances around the making of the video and its subsequent discovery by you are made very clear to the court.

I could not stress this more.

 

[Clancy]

There are exemptions to mediation under certain circumstances. This matter is already in court.

It is obvious the OP is asking questions contrary to what a person would be asking if they were "already in court" and had a lawyer by their side.

I am assuming the OP is self representing? Therefore the free mediation resources available could provide invaluable support and information.