Covert Recordings in Family Court Proceedings: What Parents Need to Know

If you’re involved in proceedings about a child's welfare before the Family Court, you might have thought about recording interactions with the other parent, social workers, or even your child. Technology makes recording easy - but covert recordings raise serious legal and child welfare concerns.

The Family Justice Council (FJC) issued guidance (May 2025) to help judges, professionals, and litigants understand the risks and rules.

Here’s what every self-representing parent should know.

What Is a Covert Recording?

A covert recording is any video or audio recording made without the permission of the person being recorded. This can include recordings of:

• Professionals (social workers, Cafcass officers, etc.)

• Family members

• Children

Why Do Parents Make Covert Recordings?

Parents in Family Court proceedings about their child's welfare often record:

• To avoid disputes over notes from meetings with professionals or the other parent

• To gather potential evidence for court

• To publicly campaign (though this is risky)

Be warned: covert recordings frequently cause serious and unintended legal consequences.

Are Covert Recordings Legal?

The law is complicated:

• Public bodies must follow strict legal frameworks (e.g. Regulation of Investigatory Powers Act 2000)

  
  

• Individuals are not automatically breaking the law by making covert recordings, but:

  
  

  • GDPR and the Data Protection Act 2018 apply if recordings are shared or used in court

  • Covert recordings used for court often do not qualify for "domestic use" exemptions

  • Recording a child covertly is almost always seen as a breach of privacy and contrary to the child's welfare

Can I Secretly Record a Family Court Hearing?

Never record a court hearing!

This is a criminal offence under the Contempt of Court Act 1981 and may lead to fines or imprisonment.

Can Covert Recordings Help My Case?

Not necessarily. The court will carefully assess:

• How and why the recording was made

• Whether the recording has been edited

• Whether it affects the child’s welfare

• If it breaches privacy laws

• Overall fairness of admitting the evidence

Covert recordings are often treated as hearsay evidence, requiring strict scrutiny.

Covert Recordings of Children

The guidance is clear: do not secretly record your child. Even with good intentions, it can:

• Severely harm your relationship

• Suggest poor parenting to the court

• Cause emotional and psychological harm to your child

Unintended Consequences of Covert Recordings

Using covert recordings can backfire badly. You may face:

• High legal costs (for example, transcription of the recordings or the cost of the additional hearings involved)

• Allegations of harassment or coercive control

• Criminal or civil claims under data protection or harassment laws

Publishing Covert Recordings

Distributing recordings online or on social media can:

• Breach privacy laws and Family Court rules

• Expose your child and family to harm

• Lead to contempt of court or defamation proceedings

A Safer Alternative: Overt Recording

If you want to record a meeting with a professional, always ask first. Some organisations (such as Cafcass) acknowledge parents’ rights to record, provided:

• It is openly agreed in advance

• Everyone understands the purpose

• It protects the rights of all participants

Key Takeaways for Self-Representing Parents

• Think twice before recording: Covert recordings can damage your case

• Never record your child secretly: It rarely helps and usually harms

• Ask before recording meetings with professionals: Transparency is key

• Seek legal advice: Courts decide if recordings are admissible

Protect Your Child and Protect Your Case

The Family Court’s priority is always the child’s welfare. Judges will be cautious about allowing covert recordings in child welfare cases.

Be informed, act responsibly, and always keep your child’s best interests first. Get advice before you act. Stay focused on making the best decisions to get the best outcome for your child.

If you are concerned about covert recordings, privacy, or any aspect of your Family Court child proceedings, don’t face it alone. Contact me for clear, pragmatic advice and practical support.