Parents involved in bitter custody disputes are increasingly using recording and tracking devices on their children to spy on their ex-partners, according to family lawyers. The Family Justice Council has issued new guidance on covert recordings, warning that such tactics can harm children and may not be admissible in court.
In one extreme case, a mother made night-long recordings for more than two years in an attempt to prevent her husband from having access to their children. Lawyers say it is now common for estranged parents to secretly record conversations or place tracking devices on each other or their children to gain an advantage in acrimonious divorces.
The Family Justice Council, which published the guidance due to technological advances that 'empower anyone with a mobile phone or a tablet to make recordings that would be the envy of yesterday's spies', stressed that children must not be forced into covertly recording a parent. The guidance adds that while such recordings may not be unlawful, 'the issue of legality should not be the sole consideration', and courts must weigh the impact on the child's welfare.
Sir Andrew McFarlane, President of the Family Division, wrote in the foreword: 'Whilst some covert recordings have been found to have evidential value, the secret nature of them can intrude on the privacy of parents, children and professionals, causing harm and often leading to concerns about the accuracy of the recording.'
Sarah Manning, a partner at Hall Brown Family Law, said: 'Those parents who feel the need to make covert recordings or spy on their children and exes often don't realise that it can ultimately be counterproductive, showing the kind of behaviour which undermines rather than strengthening their cases.'
