In the emotionally charged landscape of private law children proceedings, it’s not uncommon for parents to feel the urge to “gather evidence” to support their case. One method that has increasingly come under scrutiny is the use of covert recordings—secretly capturing conversations with children, ex-partners, or professionals involved in the case.
While the motivation may stem from a desire to protect a child or expose perceived wrongdoing, the Family Justice Council’s May 2025 guidance makes it clear: covert recordings are a legal and ethical minefield, and parents should proceed with extreme caution.
What Does the Guidance Say?
The Family Justice Council has now provided much-needed clarity on this issue. The guidance identifies three main types of covert recordings:
- Recordings of children
- Recordings of professionals (such as social workers or Cafcass officers)
- Recordings of other family members
Each category raises distinct concerns, but all share a common thread: the potential to cause harm, undermine trust, and complicate proceedings.
Will the Court Accept My Recording?
Not necessarily. Courts will consider several factors before admitting a covert recording into evidence:
- Authenticity: Is the recording genuine and unedited?
- Completeness: Is it a full and fair representation of the interaction?
- Relevance: Does it directly relate to the issues before the court?
- Probative value vs. harm: Does the benefit of the evidence outweigh the potential harm, especially to the child?
In many cases, recordings are found to be selective, misleading, or intrusive, and may be excluded altogether. Worse still, they can backfire—casting doubt on the recording party’s judgment or motives.
Why It’s Risky
Covert recordings can:
- Breach privacy—particularly when children or professionals are involved.
- Damage relationships—with the other parent, professionals, or even the child.
- Undermine your credibility—especially if the court views the act as manipulative or controlling.
In some instances, the act of recording may even be considered emotional harm to the child, particularly if they are aware they are being recorded or feel pressured to say certain things.
A Better Approach
The guidance encourages transparency and overt recording, where appropriate and agreed upon. If you feel a conversation with a professional should be recorded, it’s best to ask for permission. Many agencies now have policies in place to support this.
If you’re concerned about how your interactions with the other parent or professionals are being portrayed, speak to your solicitor. There are often better, safer, and more effective ways to present your case.
If you’d like to review the guidance in more detail Click Here.
Final Thoughts
As family lawyers, we understand the instinct to protect your child at all costs. But covert recordings are rarely the silver bullet they appear to be. In fact, they often do more harm than good.
If you’re considering making a recording, or if you’ve already done so, then we would suggest that you seek legal advice immediately. We can help you understand your options and guide you through the best course of action, always with your child’s welfare at the heart of every decision.
How Nelsons Can Help
Emma Riding is a Senior Associate in our Family Law team, specialising in working with clients to resolve issues relating to divorce and separation, including finance and private children’s arrangements.
If you need advice on any family law-related matter, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our family law solicitors can provide along with details of our hourly rates and fixed fee services.
Please call Emma or another member of our team in Derby, Leicester or Nottingham on 0808 189 9643 or contact us via our online form.