When parents are involved in a contentious divorce or bitter child custody dispute, they may say things in the heat of the moment that are motivated by anger and/or sadness. Unfortunately, they may also engage in activity that is not only motivated by similar emotions but also against the law.
To illustrate, consider a recent case involving a Texas mother who stands accused of planting a hidden recording device on her young son in order to record the conversations of her ex-husband with whom she is involved in a child custody dispute.
According to reports, Brian M. of Pasadena, California — along with six family members — have filed a federal lawsuit in Houston, alleging that his ex-wife Allison M. “secretly intercepted communications.”
Specifically, Brian M. alleges that Allison M., a private investigator, sewed a recorder into her 9-year-old son’s pants to secretly record his conversations with family members. He also accuses Allison M. of downloading the secret recordings onto her personal computer and providing others with copies of the recordings.
The lawsuit — which is seeking up to $10,000 for each of the seven plaintiffs plus other damages — alleges violations of federal and state wiretapping laws, invasion of privacy and intentional infliction of emotional distress.
Brian M.’s attorney, who handled a similar case involving a recorder secretly implanted by a former spouse in a teddy bear, indicated that the dates of the purported recordings are not yet know.
“We expect the facts that we will develop will tell us the dates, times and places of the recordings,” he said. “The recording device was sewn into the child’s jeans. You are finding smaller and smaller devices being used. This one looks like a thumb drive and has a port that will plug into a computer. It looks just like a USB drive.”
Stay tuned for updates from our Ft. Worth family law blog …
To learn more about child custody, visitation or parental rights, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.
The Houston Chronicle, “Pasadena man’s lawsuit claims ex-wife planted recorder on son,” Mike Tolson, April 18, 2012