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Can I Record My Children During a Divorce?

January 9, 2024

The propriety of recording your children during a divorce can vary depending on several factors. Therefore, it’s essential to consult with a family law attorney to understand your rights and limitations regarding recording your children. 

In our latest video blog, Partner and Attorney Christopher DeMattie walks us through the legality surrounding recording your children during the divorce and how it may affect the overall outcome of your case.

Do I need my child’s consent to record my child during a divorce?

Connecticut is a one-party consent State. This means that only one party to the record needs to consent. Connecticut has a major distinction between taping someone on your electronic device versus recording a phone call. Absent a contradictory order, you can legally tape an in-person conversation between you and your children on an electronic device without their consent.

Is it in my child’s best interest to record them during a divorce? 

When considering recording your children, it’s crucial to evaluate whether it serves their best interests and whether it may cause them harm or distress. It is one thing to record your child telling you something spontaneously about their well-being. It is another thing to coach your child to say something off-camera and then press record after you coach them. Courts generally frown upon actions that may adversely affect the well-being of the children involved.

Can the Court prohibit me from recording my children?

In Connecticut, the Court has the authority to prohibit you or your spouse from recording your child for non-social purposes if the Court finds that such an Order is in your child’s best interests. Parents often agree to include such a provision in a Stipulated Parenting Plan.

Can I play a recording of my child during my divorce trial?

The answer to this depends on a variety of factors. First, there needs to be a finding that the recording was not illegal. Second, there must be a finding that the probative value of the recording outweighs any undue prejudice. Third, there must be an exception to the rule against hearsay. In other words, consult an experienced family law attorney to help you navigate the legal complexities of recording your children during a divorce.

If you’re considering divorce, it’s highly advised that you seek experienced counsel. Contact us today to learn more about how we can assist you.

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