20/10/2026
Should You Secretly Record in a Family Case?
If you're involved in family court proceedings, you may be tempted to secretly record conversations, meetings with professionals, or even your child in the hope that it will help your case. However, it's important to understand the potential risks before doing so.
While covert recordings are not illegal and can sometimes be admitted as evidence, family courts in England and Wales often take a cautious view of them. Secretly recording a child, in particular, may raise concerns about their wellbeing and could be seen as harmful or inappropriate.
The court will consider issues such as privacy, fairness, and whether recordings have been edited or taken out of context. Using covert recordings can also make proceedings more complicated, time-consuming, and costly.
If you feel a conversation or meeting should be recorded, the best approach is often to be open about it and seek permission beforehand. This demonstrates transparency and can help avoid legal and ethical concerns.
The key takeaway: While covert recordings may sometimes be allowed, they are rarely the best solution and can potentially harm your case. If you're considering making a recording, it's always wise to seek legal advice first.
To read the full article and learn more about covert recordings in family law cases, visit the Knowledge section of our website.
