I was talking with my children on Skype who are 2 and 4. The mother, my ex-wife used her cell phone to record part of the call and attempted to use it in court, in Florida. Florida recording laws are like California you have to have consent. I feel I should be able to sue my ex-wife and her attorney here in California were I live. Do I have a case? The divorce judge was going to allow it because she claimed the mother was recording the kids, but it is myself that she is recording.
The judge didn't allow it in, so without damages, a lawsuit likely would be an exercise in futility, but speak to a local lawyer to discuss in full. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
Most likely, because this was a call to your children when they were in her custody, she was legally allowed to record the call. She would have a plausible argument that you knew she was present and could overhear the conversation. Thus there would be no expectation of privacy and your consent was not required.
But, a review of the recorded conversation would need be required to give you a specific opinion.
Contact a local attorney.
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