At the Child Law Advice Service a common query from parents going through the courts for private family law disputes is: "I have a recording of my ex-partner or child proving X, Y and Z, can I submit it to the court"? The ease at which recordings can now be made on handheld and covert devices makes this type of query more common and it is one which the family courts increasingly have to deal with.
Some of these issues were considered in the recent case of M v F (Covert Recording of Children) [2016] EWFC 29 in which Mr Justice Peter Jackson gave a stark warning to anyone considering covertly recording a child for evidence in family proceedings; that they should "first think carefully about the consequences".
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