Scenario: F is dating someone he’s serious about, and asks M to meet the person before meeting child. M refuses. A year later F is engaged and partner is moving in. M is insisting on meeting partner but since they are in active litigation for custody, would you advise your client that M and partner meet before resolving their issues?

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Yes, in a public place. If you live in a one party consent state, I would also advise Dad to record the interaction.

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I'd advise the client to support the meeting, but I'd advise against recording. Consent to make the recording legal is less at issue (it's an in person meeting, not an electronic interception issue), but recording almost always backfires. You'd have to turn it over should there be a discovery request to which it would be responsive. Now mom knows she's being recorded, the recording itself will support bias/gamesmanship if fiance testifies (because she'd be on different/better behavior obviously if she knows she's being recorded), it smacks of just trying to "catch" mom, and then finally but most simply I have yet to see a judge be like "gee, I'm sure glad I had that piece of evidence." At least here (Northern VA), judges loathe recording a parent absent like, an active abuse situation.

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