Apparently they did not submit the video. I am assuming his lawyer saw that as highly problematic since he doesn't seem to recognize the inappropriateness of it all.

They have submitted an audio recording, taken by her ex and his new wife, without her daughter's knowledge, that reveals her daughter calling her dad on mom's emergency use phone (she bought it to send with the kids when the go on sleepovers or other circumstances when it would be helpful), and admitting that she was sneaking the phone in her room to call, while she had the land line and ipad available to her. Both he and his wife were told at least twice previously that it is not the child's phone (she was 9 at the time), it is not to be used without her consent and it is not to be used for any communication outside of those conditions I explained above. Their response when she admitted to them that she was breaking the rule and using her mom's phone, which she snuck out of our bedroom while we were outside, was that it's ok, don't worry about it. Together they proceeded to teach her how to go into her mom's phone and unblock the numbers that the daughter had stored in there without mom's permission, and another number they didn’t recognize. They walked her through the process then had her FaceTime them and told them how excited they were that she could facetime them now--which they always could because she has an Ipad with facetime set up for their communications and used it frequently.

Later in the day mom noticed the phone was missing and saw that she had taken it without permission, made changes, and made phone calls, watched youtube etc. Mom emailed her father that evening and explained, for the third time at least, that it is not the daughter's phone, it his her personal property and not to be used by the kids without permission, and that they have two ipads with facetime and a landline that the kids can call on and vice versa.

They submitted this recording as evidence that, in their view, mom is blocking communications with them despite her buying two ipad minis and installing a landline specifically for him, all at her expense and without being asked. If you haven't read that far back, he is blocked from her phone for constant harassment and was convicted in military court (GOMOR) for that and other behavior.

Imagine secretly recording your kids conversation, ignoring the fact that she was explicitly breaking mom's rule and stealing her phone, then you and your wife coaching her to dig through mom's phone and making changes to it, and submitting it to the court as evidence in your favor. These are the kinds of people we're dealing with.

The law says one party consent is legal in VA but not for use in court. I don't know how that applies to minors or that party's children in a divorce situation, but I would like to think we shouldn't have to worry about conversations taking place under our roof being covertly recorded. She will be asking her lawyer about that on Monday before Friday's deposition.

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The devil made me do it the first time, second time I done it on my own - W