a You! be the Judge Column written by Elissa Bernstein
Marsha dashed up the staircase to look for her sunglasses.
She walked into her bedroom. And stopped dead in her tracks.
Her husband was packing.
“But I thought your New York trip wasn’t until next week, Richard."
Richard concentrated on folding his shirt.
Marsha's heart missed a beat. "You're leaving me and the children! Is she pretty?"
Richard's face reddened. "Yes, I'm leaving, and yes, she's pretty."
Marsha's eyes welled up. "Richard, how long have you ...?"
Richard donned his cap. "Five years. And now it’s time for me to have a life.”
Marsha went to divorce court and got custody of their three children,
Caitlin 13, Angus, 11 and Jonathan 9.
Richard went berserk. He took it out playing squash with his friend, Hank.
"No way!" Whammm! The racket ball made skid marks on the wall. "She's not stealing my kids, Hank. I supported them all for 15 years."
Hank returned the blow. Whammmm! "I've been through the custody ringer, Rick. Start with the oldest. The others will follow. Get into Caitlin's headspace." Whammmm! “Get her a lawyer. She's old enough to leave her mother. The court will let her live with you." Whammmm. "A piece of cake."
Richard followed his friend's advice.
Just two weeks after the divorce, Marsha began noticing a change in Caitlin's attitude.
“Please don't shut me out!" Marsha begged a hug.
Caitlin recoiled. "How could you do this to us, Mom?" She slammed her bedroom door.
Marsha heard Caitlin sobbing. But the door was locked.
The door was always locked.
Marsha ran to her friend for advice.
Her friend was also experienced in custody battles. "Read Caitlin's diary for clues."
She did. To her horror, Marsha learned that Richard had hired a lawyer to represent Caitlin.
Marsha was desperate.
She installed a tape recorder to track the phone calls between Caitlin and her father.
Caitlin discovered the tap. She and her father sued Marsha for invasion of privacy.
IN THE COURTROOM
Richard and Caitlin were appalled. "Your Honor, Marsha recorded our phone conversations.
That’s illegal since neither party consented.
Even worse, she then disclosed our private conversations to her lawyer.
Marsha is liable for invasion of privacy.”
Marsha pleaded for understanding. "Your Honor, I admit to recording the conversations,
but it wasn’t to gain access to privileged information.
I believed Richard was emotionally abusing my daughter. I was only acting for her well-being.”
Is Marsha liable for invasion of privacy? You! Be The Judge. Then, look below for the decision.
THE DECISION
"Judgment for Marsha!" the Judge ordered. "She was acting in the best interest of her minor child, so the law presumes that she was giving consent on the child’s behalf to the phone tapping. And where there is consent, there is no invasion of privacy."
The characters and the scenarios are fictional. Any resemblance to real people is purely coincidental. The information in this column does not constitute legal advice. If you have a similar problem, consult a lawyer in your province. Elissa Bernstein is a lawyer and syndicated columnist. Copyright 1994-2021Haika Enterprises
