Covert Recordings In Family Proceedings – Why It’s About More Than Just Evidence
Angela Killa, Director in JCP Solicitors Family Law Team, explains why secretly recording children during family proceedings can do more harm than good, and why the courts are taking this issue increasingly seriously.
At JCP Solicitors, we often support clients through deeply personal and emotional family proceedings. And with mobile phones and wearable tech now part of everyday life, courts are seeing more parents turning to covert recordings - secret audio or video clips made without the other person’s knowledge - in an effort to support their case.
But just because something is easy to do, doesn’t mean it’s the right thing to do.
What Are Covert Recordings and Why Are They a Problem?
The Family Justice Council (FJC) recently issued guidance on the growing use of covert recordings in family court. While people may think capturing a secret video or conversation might help prove a point, there are serious risks - especially when children are involved.
In many cases, these recordings are made by parents or family members, without the child’s knowledge or consent. That can breach the child’s trust and cause emotional distress, especially if they later discover they were being recorded.
The FJC has made it clear: covertly recording children is rarely in their best interests and can undermine a parent’s case rather than support it.
Legal and Emotional Risks
Beyond the emotional impact, secret recordings can also raise serious legal concerns. In some cases, they could potentially breach:
- Data protection laws, which require informed consent.
- Article 6 of the European Convention on Human Rights – the right to a fair trial.
- Article 8 – the right to respect for private and family life.
If a covert recording is presented as evidence, the court will look at why it was made, how it was edited, and whether it is truly necessary and fair to use it.
In situations involving children, a Judge may even appoint a Children’s Guardian to represent the child’s interests if a covert recording has been used.
How Will the Courts Respond?
Judges will take several factors into account, including:
- Is the recording relevant to the dispute?
- Was it made frequently or systematically?
- Has the child’s welfare been compromised by it?
Frequent secret recordings, especially of a child, could be seen as showing a lack of respect for the child’s emotional wellbeing and that is something the courts will not take lightly.
It’s also common for covert recordings to lead to “satellite litigation” which are side disputes over the recording itself that can cause delays, drive up legal costs, and increase emotional stress for everyone involved.
A Better Way Forward For Professionals: Overt Recording and Transparency
The FJC is encouraging professionals working with families to move towards overt recordings which are made with full knowledge and consent. This approach helps improve transparency, reduce conflict, and protect everyone’s privacy and wellbeing.
The guidance encourages having policies and procedures in place which may help to avoid trust breaking down between individuals and professional agencies.
At JCP Solicitors, we always take a child-focused approach to family law. Angela is a proud member of Resolution, a community committed to constructive, non-confrontational ways of resolving family issues. We work with clients to understand the bigger picture, and we help them make decisions that protect their children’s emotional and legal interests long-term.
If you need advice from JCP Director and Family Law expert, Angela Killa, on all aspects of family matters, including complex children issues, divorce and financial remedies, please contact us on 03333 208644 or email hello@jcpsolicitors.co.uk