Important note: Please note that this information is not intended to be legal advice. You are advised to seek legal advice.
This information is an overview on the use of recording in family court proceedings.
There are various situations where someone might feel the need to make a recording. In meetings with professionals (e.g. Children’s Services, school staff or Cafcass), parents may feel they need to have an indisputable record of what was said:
In private family disputes, a parent may also wish to have a record of what happened:
The appropriateness and value of recording children depends very much on the circumstances and nothing in this note should be taken as suggesting that children are recorded making allegations or expressing views except in a controlled environment and under the supervision of appropriately qualified professionals.
It is a contempt of court to record court hearings, unless the court has given permission.
Your barrister can provide legal advice and guidance on the use and preparation of evidence of recording in your case.
Under the family law rules, the court can control the nature of the evidence that it requires, as well as the way in which the evidence is to be placed before the court. The court can therefore choose to exclude evidence, including recordings, but should give clear reasons, so that an appeal court could understand why the decision was made and what factors were taken into account.
Some concerns the Court may have about allowing covert recordings into evidence include; inaccuracy, lack of context, failure to provide a copy of the original recording and the potential impact on the child when they find out they have been recorded.
The Judge will need to make decisions about the admissibility of covert recordings on a case-by-case basis.