Can I Use Recordings Of My Children As Evidence In My Family Law Case?
In high conflict parenting cases, there is sometimes the temptation to include video or audio recordings of the children or exchanges with the other parent. It’s understandable why someone might want to do this whether it’s to protect themselves, collect evidence or prove a point.
Usually when people hear about the admissibility of secret (surreptitious) recordings, it is in the context of criminal law. There are protections against the police using wiretaps or other techniques that invade a person’s reasonable expectation of privacy.
However, in family cases, which are civil proceedings rather than criminal proceedings, there are different considerations for admissibility of secret recordings.
What does the court consider before admitting a secret recording?
Parents will often ask us if recordings can be used in court, in other words are the recordings admissible as evidence?
The overall concern is the best interest of the child, so any evidence that