Is it advisable to submit voice record of minor child with the father in a custody case?

Best Course of Action:

Legal consultation: Before submitting a recording, consult a lawyer to confirm its admissibility.

Psychological evaluation: Request the court to appoint a neutral psychologist to assess the child.

Focus on the child’s welfare: Courts prioritize the best interests of the child, so presenting an expert report will be more effective than voice recordings alone.

Mohamed from Badr Legal Consultants,

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Greetings of the day,

Submitting a voice recording of an 8-year-old child and the father as evidence in a custody case may be considered, but its admissibility depends on the court's discretion and the jurisdiction’s laws on recording conversations.

To strengthen the claim, a child psychologist’s assessment report can provide professional validation of any alleged parental influence.

Generally, the father may need the court’s permission or the mother’s consent to take the child for psychological assessment during an ongoing custody case.

To obtain the report, the father can request a court-appointed psychologist or approach a licensed child psychologist with court approval.

Best Regards

Sara Al Saedi Advocates and Legal consultants

Greetings.

Yes, an audio recording can be submitted. As for evaluating the child’s condition, a request is submitted to the court to subject the child to evaluation, and the court orders this, and the consent of the child’s mother is not required.

We are happy at Future Vision Law Advocates and Legal Consultancy to assist you and provide the best legal services that meet your needs.

To contact us, you can email, call, or WhatsApp us.

Wishing you a pleasant day ahead,

Regarding submission a voice recording of a minor child as evidence in a custody case, it may be subject to the court’s discretion, as courts generally prioritize the child’s welfare and may question the admissibility and ethical implications of such recordings.

To strengthen the father’s claim regarding parental influence, it is advisable to obtain a child psychologist’s assessment report, as professional evaluations carry significant weight in custody disputes.

The requirement for the mother’s consent to take the child for a psychological assessment depends on the jurisdiction and the specific court orders in place.

If the court has not restricted such evaluations, the father may proceed independently, but seeking prior court approval can prevent any objections.

To obtain a child psychologist’s assessment report, the father should approach a licensed child psychologist, preferably one recognized by the court.

Request an evaluation of the child’s well-being, emotional state, and any external influence impacting the child’s relationship with both parents.

According to UAE law, a voice recording can be submitted as evidence in court if it demonstrates the mother's influence on the child, but it must be evaluated carefully.

In such cases, a child psychologist's assessment report can help support the claims.

As for the mother's consent, the father may need her approval to take the child for a psychological assessment, especially if there is shared custody or an ongoing legal dispute.

You can contact us via WhatsApp for the necessary legal support. We specialize in these cases and provide appropriate guidance.

We are here to provide strategic legal guidance to safeguard your parental rights while ensuring that all legal procedures are followed properly.

1. Submission of the Voice Recording as Evidence:

Under Article 378 of the UAE Penal Code (Federal Decree-Law No. 31 of 2021), recording or sharing a conversation without the consent of the parties involved may be considered a violation of privacy and could expose the party submitting the recording to legal consequences if challenged by the opposing party.

• If the recording was obtained without the explicit knowledge or consent of the mother and child, there is a risk that the court may reject it or even consider it unlawful.

• The safest approach is to use the content of the recording to justify requesting a psychological assessment, rather than submitting it as direct evidence.

2. Importance of a Child Psychologist’s Report:

In line with Article 144 of the UAE Personal Status Law (Federal Law No. 28 of 2005), the court prioritizes the best interests of the child in custody disputes.

A neutral child psychologist’s report can carry more weight than a private recording, as it provides a professional, unbiased evaluation of whether the child is experiencing undue influence or emotional distress.

• A psychological assessment avoids the risks associated with Article 378 and presents a stronger, legally sound argument.

• A court-appointed expert’s findings are more persuasive than personal evidence presented by either parent.

3. Does the Father Need the Mother’s Consent for a Child Psychologist Assessment?

• If the custody case is ongoing, the father should seek court approval before arranging a private psychological evaluation, as unilateral actions might be contested by the mother.

• The court has the discretion to appoint an expert to assess the child’s mental well-being.

• Requesting a court-appointed psychologist ensures neutrality and admissibility of the report.

4. How to Obtain a Child Psychologist’s Assessment Report?

Court Petition: The father can formally request the court to appoint an independent psychologist to evaluate the child’s mental and emotional state.

Referral to a Licensed Center: Courts often refer cases to government-affiliated family centers for child psychological assessments.

Private Evaluation (With Court Permission): If permitted by the court, a licensed child psychologist can assess the child and issue a report, which can be submitted as supporting evidence.

5. Recommended Next Steps

• Legal Consultation: We can discuss the best approach to present your claims effectively while avoiding legal risks under Article 378.

• Petition for a Psychological Report: We can file a motion requesting a court-supervised child psychologist’s evaluation to provide objective evidence.

• Case Strategy Development: We will help you build a strong case using legally admissible evidence, ensuring that all procedures align with UAE laws.

I am here to assist you with this case and will stand by your side every step of the way to provide the best legal solutions.

We are available to discuss the matter further at your convenience. Please let us know how you would like to proceed.

Looking forward to assisting you.

Best regards,

Omar Mosaad

Senior Legal Consultant

OS Legal

1️⃣ The audio recording can be presented as evidence, but it is better to present the child’s testimony in court or support the case with other strong evidence.

2️⃣ A psychological evaluation of the child will be stronger evidence to support the father’s case.

3️⃣ If the mother has custody, the father may need permission from the court to conduct the psychological evaluation.

Dear Client,

Thanks for your question!

I hope you are doing well. I will assist you in this matter.

Submitting a voice recording of a minor child in a custody case is generally inadvisable and likely inadmissible. Instead, a child psychologist assessment report could provide valuable evidence of parental alienation or coaching.

During an ongoing custody case, seek court approval before obtaining a psychological evaluation. The court can order a custody evaluation without both parents' consent. Consult your attorney for specific guidance on admissible evidence and proper procedures in your case.

You can contact us via WhatsApp for further clarification or additional support. We are dedicated to providing professional, timely, and comprehensive assistance tailored to your situation.

Thank you,

ABDUL WAHIED

Dear C.,

Thank you for your inquiry regarding the use of evidence in your ongoing child custody case. Below, I’ve addressed your questions in detail:

1. Voice Recording of Child and Father’s Conversation

Regarding the voice recording you mentioned, it is important to be aware of the legal framework surrounding the use of such recordings in court.

In the UAE, evidence obtained from private conversations, such as voice recordings, may be admissible if legally obtained and without infringing on privacy laws.

However, in custody cases, the court will carefully consider the emotional well-being of the child and whether the recording might be seen as coerced or influenced by one of the parents.

To ensure the best chances for this evidence to be considered, we may need to review its admissibility with the court. I would advise proceeding cautiously with this evidence.

2. Child Psychologist’s Assessment Report

To strengthen your claims, especially regarding any potential coaching or undue influence by the mother, a child psychologist’s assessment could play a crucial role.

This report can provide an objective evaluation of the child’s mental and emotional state, helping to determine whether the child is being influenced by either parent.

I recommend requesting a child psychologist’s report to ensure that your case is supported by professional and reliable evidence.

3. Consent for the Psychologist’s Assessment

In the UAE, both parents generally need to consent to a child’s psychological assessment. However, in ongoing custody cases, if there is a dispute, the court may intervene and order the assessment even if the mother does not provide consent.

If we believe it is critical to have this assessment, we can request the court to order the psychological evaluation.

4. Obtaining the Child Psychologist’s Assessment Report

To obtain the assessment, I recommend that we approach a licensed child psychologist, preferably one with experience in family law matters.

If the mother does not agree to the assessment, we can request the court’s assistance in this matter. The court may appoint a psychologist or allow the father to arrange for an evaluation independently.

Please let me know how you would like to proceed, and I can assist with the necessary steps. If you would like, I can help facilitate the psychologist’s appointment or assist with submitting a request to the court.

Looking forward to your response and happy to provide further assistance.

Best regards,

Mohammed Salah

Legal Consultant