Out of State Tort?

Business 6 views 3 answers
I live in AZ, I have been in a custody case for nearly 3 years, two years ago my ex took our son and abruptly moved to Illinois (while 8 months pregnant with our youngest son). I got a pickup warrant and brought our oldest son back. As part of the case in AZ I have recorded her phone calls & Facetime with our son (the judge here said it was fine). She has now filed a lawsuit against me in Illinois related to the recording of these calls. I have no ties to Illinois whatsoever and all of our custody proceedings have taken place in AZ. This is clearly an attempt to intimidate me into not recording her calls. What is the best way to handle an out of state lawsuit? I have yet to be served.

Attorney Answers

3
Judy Goldstein ·
The best way to handle an out of state case is to hire an attorney who practices in the county and state where the case is to be heard. It may be [possible that your recording of conversations was illegal. Only an AZ lawyer or someone knowledgeable in AZ could answer that question. Hire a lawyer ASAP, even if you have not yet been served so that you are prepared for the inevitable service.
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Eileen Lysaught ·
There is no easy answer to your question unfortunately. There are questions of whether Arizona, Illinois or federal law would apply depending on the basis of the complaint. Illinois has historically been a "two-party" state, which means that all parties to the call must consent to the recording. The law was found to be unconstitutional last year. However from the facts you present, it does not appear you were a party to these calls, which means your consent may not be sufficient. Since a child likely does not have the capacity to consent, your consent may be acceptable in your capacity as the resident parent or guardian. Arizona is a "one-party" state, which means one party to the call must consent to the taping. Federal wire-tapping laws also require one-party to consent. If and when you are served, I suggest you find an attorney in Illinois familiar with this area of the law to assist you.
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Wes Cowell ·
Hire a lawyer to defend you. You don't say whether this is a state or federal case. Work with an attorney familiar with the Grant case -- it sounds like it's spot on. The link below will help; scroll to the bottom of the that article for the Grant case.
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