Legal News | 13.08.25
Covert Recordings in the Family Court: What you need to know
Widely accessible modern technology on mobile phones and tablets has driven a rise in the attempted use of covert recordings over recent years. The Family Justice Council (FJC) has recently published guidance in response to help deal with these sensitive situations fairly and consistently.
At Wansbroughs, we understand how stressful and complex family disputes and care proceedings can be and the challenge that covert recordings can add to both help and hinder. Below, we outline key points from the guidance and how it may affect your case.
What is a Covert Recording?
A covert recording is any audio or video recording made without the knowledge or consent of the other person involved. These might include private conversations between parents or other family members, interactions with professionals (like social workers), or recordings of children.
Are covert recordings allowed in court?
Courts have the discretion to admit covert recordings as evidence. However, this is not automatic and depends on several factors, including:
- Whether the recording is relevant and authentic – including whether the recording has, or may have been, edited;
- How, and why, it was made;
- Whether admitting it would be fair to all parties; and
- The potential impact on the welfare of the parties, particularly any children involved.
In general, courts are cautious about accepting covert recordings, particularly if they involve children, and a stringent assessment of all relevant factors must be carried out by the Court before any covert recording is admitted as evidence.
Risks of Covert Recordings
While it is often tempting to record interactions to support a case, the FJC warns that covert recordings also carry serious risks:
- Legal risks: sharing or publishing such material could breach data protection laws or result in a person being found to be in contempt of court.
- Emotional harm to children: secretly recording a child can damage trust, heighten anxiety, and negatively affect family relationships. Given the potential impact on a child, the court may require the child to have their own representation through a court-appointed guardian (if they do not already have one).
- Delays to your case: covert recordings may cause delays as the court will likely need to undertake an assessment of whether the recordings are to be admitted as evidence. There may also be a delay if the appointment of a guardian is required.
- Increased costs: the extra case management required to assess the admissibility of covert recordings can also lead to vastly increased costs (which could include transcription costs of the recordings).
Can I record a court hearing?
No. You may never record what happens during a court hearing (including remote hearings). If you do, or try to do so, you may be found to be in contempt of court and/or guilty of a criminal offence.
What should you do if you think a recording would help you?
The guidance encourages transparency over secrecy. If a conversation or meeting is important, consider requesting to record it openly and with permission. Many professionals and local authorities have policies in place to support this.
If you already have a recording or are thinking about making one, it is essential to:
- Seek legal advice before doing anything with it;
- Tell your solicitor about it as early in proceedings as possible; and
- Do not share it on social media or with anyone other than your solicitor.
Our Advice to Clients
At Wansbroughs, we advise clients to be extremely cautious when it comes to recording others. While recordings can occasionally provide useful evidence, they often create more problems than they solve.
We help our clients approach these situations strategically in the context of their particular case, with a clear consideration of the legal implications and, where appropriate, always with a focus on what’s best for the child.
Need guidance? Speak to our team
Our experienced solicitors can advise you on the best course of action and ensure your case is handled with care, discretion, and professionalism.
If you need help or advice, please get in touch with our Family and Children teams: 01380 733300 | family@wansbroughs.com
If you would like to read the full guidance from the FJC, it can be found at: Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children – Courts and Tribunals Judiciary
