Secret recording of father's 'vile' tirade used in Cape Breton custody hearing

A mother who surreptitiously recorded a phone conversation as her husband ranted at her has been granted custody of their four-year-old son.

The phone call was introduced as evidence in a custody hearing in Nova Scotia Supreme Court family division in Sydneyover the objections of the father.

In a ruling released this week, Justice Lee Anne MacLeod-Archer said that while he didn't know he was being recorded, the recording itself was legal and could be used in the hearing.

The judgedescribed the husband's tirade as "profane" and "vile." She also pointed out the boy was in the vehicle, overheard his father, and towards the end of the recordinga child's voice can be heard saying "that bastard."

"For a four-year-old to say those words, in that context, and with the appropriate inflection, is shocking," MacLeod-Archer wrote in the decision."It tells me that it's not the first time he's heard such language."

Recording offered insight

To protect the child, the three parties in the matter are only identified by initials in the court decision.

The judge said the recording played an important role in her decision to award custody to the mother and only grant the father supervised access to his son.

"I find without this evidence, I would have little insight into [the father's] behaviour. He presents as a calm, well spoken, upstanding individual," the judge wrote.

In the ruling, the judge also ordered the father to take anger management training and she instructed both parents to have no adult conversations in front of the boy.