April 21, 2024


Equality opinion

A ‘Toxic’ Combination? How to Handle Recordings of or Made by Minor Children in Child Custody Lawsuits – KJK

A ‘Toxic’ Combination? How to Handle Recordings of or Made by Minor Children in Child Custody Lawsuits - KJK

Britney Spears’ Ongoing Authorized Issues

In modern years, there has been no lack of news coverage about pop singer Britney Spears and her ongoing lawful matters. Notably, despite the pretty general public mother nature of the turmoil that has surrounded Ms. Spears for rather some time now, there have been quite few, if any, publicly recognized lawful custody disputes pertaining to the singer’s two (2) minor sons from her marriage to ex-spouse Kevin Federline. In point, Mr. Federline has, for years, been nearly silent – at least publicly – about Ms. Spears, her ongoing lawful issues, and/or their shared kids.

Nevertheless, that all transformed quite just lately. Especially, in mid-August 2022, Mr. Federline posted a collection of videos to his social media in which Ms. Spears could allegedly be read arguing with their shared minimal sons. The films had been filmed covertly. In Mr. Federline’s social media article (which has because been deleted), he acknowledged that the movies have been recorded by the slight children, even though he did not elaborate as to how these video clips finished up in his possession. Specified the timing of Mr. Federline’s social media post, it appeared that these video clips have been posted in reaction to particular opinions that Ms. Spears had produced publicly about Mr. Federline and his family.

In the end, the general public response to Mr. Federline’s social media write-up was swift, with most jumping to Ms. Spears’ defense. Certainly, the overwhelming community feedback was that the video clips only depicted Ms. Spears appropriately parenting her young children as opposed to everything problematic. Also, the general public, normally, appeared to agree that, if everything, Mr. Federline was out-of-line for even posting the movies in the initially location.

Are Recordings Taken by Minors Persuasive in Youngster Custody Circumstances?

Whilst these videos of Ms. Spears have been not posted in link with an ongoing child custody subject, it is not unusual for these styles of movies to area in relationship with this sort of lawsuits. In reality, for obvious reasons, movies and recordings of dad and mom allegedly behaving terribly are typically offered as proof in link with little one custody situations. But what about when these videos or recordings closely aspect the slight young children, and/or are taken by the minor kids, like the videos posted by Mr. Federline? Is such media in the same way persuasive in a boy or girl custody situation?

It is dependent.

As a standard make any difference, when it arrives to media that greatly options a slight boy or girl or was recorded by a slight boy or girl, it is very best to tread lightly when employing the exact in connection with a boy or girl custody situation. This is legitimate for a range of explanations, but Mr. Federline’s problem exemplifies the major reason: making use of these types of media can backfire spectacularly.

To this close, it is critical to think about and be equipped to satisfactorily respond to the next a few (3) groups of concerns when pinpointing how to handle this sort of recording or video clip in a kid custody matter.

What are the Instances Surrounding the Recording?

Initially, what are the circumstances bordering the online video or recording? Especially:

  • Why was it built?
  • By whom was it created?
  • At whose course was it designed?
  • When was it created?
  • How and when did it arrive into the possession of the mother or father who intends to use it?
  • When the video or recording arrived into the possession of said father or mother, what did that mum or dad do in response to observing the media?
  • Who else has viewed the online video or recording?

When these forms of inquiries may possibly appear to be like overkill, when it will come to media involving minor kids in a boy or girl custody situation, it is vital to comprehensive a thorough evaluation of these and equivalent issues. This is particularly essential for media that was recorded by a insignificant child. Ultimately, this is for the reason that these types of media – and media recorded by a insignificant child, specifically – position the youngster squarely within the dispute concerning the mothers and fathers, which is one thing that courts typically operate very hard to avert.

Does the Recording Assist or Harm Your Scenario?

2nd, is the written content of the movie or recording as compelling as initially thought following reviewing the exact same with a crucial eye? Place one more way, what’s the likelihood that the content material of the media at challenge could be considered in a way that is adverse to your ideal result? For illustration:

  • Does the content look compelled or coerced?
    • This is an particularly significant thing to consider when the issue of the video or recording is a small youngster.
  • Is there far too a great deal area for interpretation of the content shown in the recording or video? T
    • The video clips of Ms. Spears posted by Mr. Federline present a fantastic illustration of why this consideration is significant. Precisely, based on the individual material highlighted in the media, a video or recording of a parent angrily yelling at his or her child could be interpreted possibly as an instance of verbally abusive parental behavior or as an occasion of proper parental self-discipline.
  • Does the video clip or recording portray every person associated in a considerably less than ideal gentle?
    • This is a frequent chance when the media at challenge depicts the moms and dads partaking in a dispute about the minor little one – specially when the insignificant little one is present for the altercation.
  • Does the video clip or recording represent an attempt to have the small little one voice his or her needs in connection with the little one custody continuing?
    • This sort of content is not only typically frowned upon by the courtroom, but the similar, by statute, cannot be thought of by the court docket in relationship with a child custody proceeding in Ohio.

When the factors over are not intended to be extensive, the identical do illustrate some of the typical difficulties presented by these kinds of media.

Is it Well worth the Risk?

3rd, and last but not least, is the likely benefit of giving or or else presenting the video clip or recording in connection with the little one custody lawsuit truly worth the possible challenges of carrying out so? Obviously, the response to this problem depends on the person details of just about every and each individual custody make a difference as well as the individual media at issue. Regrettably, inspite of the exact same – and regardless of the points – earning a resolve these as this will never be as minimize and dry as a person would hope. Even so, accomplishing the different analyses established forth herein will, no question, at the very least give a valuable roadmap to ascertain how to remedy this dilemma and, in the long run, take care of these forms of media.

The Great importance of Obtaining an Encounter Child Custody Legal professional

In addition, obtaining an knowledgeable legal professional on your side can be an a must have asset when it will come to earning these kinds of shut phone calls. Not only does an professional kid custody legal professional have the requisite authorized abilities to aid you in making ready your case, but he or she is also very best positioned to watch these sorts of media with the neutral and discerning eyes important to guidebook you in the proper path.

If you’re enduring these or any other kinds of issues in connection with your divorce or baby custody circumstance, you do not need to have to go as a result of it on your own. If you need to have steerage on divorce, dissolution or other domestic relations matters, please call Janet Stewart Scalley at (JS@kjk.com 216.736.7261) or a further member of the KJK Spouse and children Legislation Crew, by phone at (216) 696-8700.