Caught on tape: The risks of using secret filming in court proceedings

If you are going through family court proceedings, it’s natural that you might feel worried about how best to explain your concerns or how your situation might be viewed by the judge. With mobile phones and other devices so easily accessible these days, more people are making and presenting secret recordings in family cases – often because they believe the recording will help prove a point or clarify what’s been happening in the breakdown of the relationship. In this article, we discuss how the family court considers covert recordings and how they can affect your credibility, your safety and your case overall.

Introduction

Covert recordings are captures of audio or video recordings without someone’s knowledge, and these are becoming increasingly common in family law proceedings. Some people find themselves reaching for the record button in moments of frustration, fear or conflict, hoping that by “capturing the evidence” they are more likely to be believed. However, a word of caution: the use of secret recordings can bring unforeseen consequences. While the evidence may be relevant to your proceedings and admissible in court, there is a possibility that it could ultimately harm the very case it was intended to help.

Why do people make covert recordings

People resort to covert recordings for a variety of reasons, often intensified by fear or stress, perhaps in anticipation of a court process ahead. These include:

●         Fear of not being believed – family law cases, especially those involving children’s welfare, can feel highly pressured and emotive. Many parents worry that, without proof, their concerns could be misunderstood or dismissed.

●         Conflict in child arrangements – tensions around contact and disputes between former partners can drive people to record discussions or arguments, sometimes in the heat of the moment or without considering how the family court may interpret that if presented as evidence.

●         Concerns about professional integrity or report accuracy – sometimes individuals may have concerns that accounts will be inaccurate, incomplete or very one-sided.

●         Situations involving domestic abuse – abuse often happens behind closed doors. Recording what is happening might feel like the only way to prove it. In situations where someone fears for their life or immediate safety, making a recording must be done with extreme caution.

In domestic abuse cases, you should report incidents to the police and other support agencies. Further advice is also available through agencies such as the National Domestic Abuse Helpline. UK police forces recommend the use of a mobile phone app called Hollie Guard. Users can alert help and record evidence in an emergency situation. Depending on the circumstances, the recorded evidence may be admissible in court.

When can you record and share a conversation?

In England and Wales, it is generally lawful to record a conversation if you are a participant in it. This is sometimes referred to as ‘one-party consent’. Making the recording may not be an offence in itself, but sharing, publishing or distributing it can raise issues under privacy and data protection laws or, in some cases, harassment legislation.

In 2025, the Family Justice Council (FJC) published authoritative guidance on covert recordings in family proceedings that involve children. It covers both the legality and admissibility of covert recordings and case management considerations.

The guidance makes clear that even if a covert recording is admitted as evidence, its secret nature and the way it was made may still diminish its value – the court must consider factors such as authenticity, relevance, the method of obtaining the recording, and the impact on the welfare of the child, all of which may affect how the recorder’s credibility or cooperation is viewed.

How the family court considers secret recordings

In England and Wales, you must obtain permission from the court to present covert recordings as evidence. The FJC guidance warns professionals that if an individual provides secret recordings related to a case, they should not listen to them straightaway. They must wait until the judge has decided whether the recording is allowed to be used as evidence. Only once the court has “admitted” the recording should a professional view or listen to it.

In assessing the evidence, the court will consider several questions about the recording:

●         Why was it made?

●         Was it made openly or in secret?

●         Does it show the full context, or is it just a short clip?

●         Is it reliable and unedited?

●         Does it raise safeguarding concerns, particularly for children?

●         Does it undermine cooperative working with professionals?

In addition to legal concerns, ethical considerations also arise. Secretly recording others can undermine trust, escalate conflict, or be viewed as manipulative, even where the recorder feels it’s justified for safety or evidential reasons. The family court may admit the recordings as evidence, but it also has wide discretion to exclude them if they were obtained unfairly or without proper context.

As an example, if you make several secret recordings of arguments or incidents with an ex-partner, capturing only the most heated few seconds each time, the judge may not interpret those clips as evidence in the way you intend. They may lack the wider context and could appear selective. Instead, the judge could view them as incomplete or even manipulative – which may ultimately harm your credibility and weaken, rather than strengthen, the case you are trying to make.

If you ask the court to use one of your recordings as evidence, you might have to hand over all other recordings you have – not just the one you want the judge to hear. The court could also ask the other party to disclose any recordings they hold. So before relying on a covert recording, consider whether anything else you’ve recorded could be unhelpful if it also has to be revealed.

You can read the FJC’s full report online.

The risks of recording professionals

During family proceedings, there may be professionals involved in your case – such as Cafcass officers, social workers, teachers or medical practitioners. The motivation to record an external person often comes from an individual’s desire to be treated fairly, but it could give an impression of defensiveness or distrust, as if trying to “catch them out”. It might even look like you’re making the situation more adversarial instead of collaborative and you could come across as uncooperative.

The FJC highlights the Court of Appeal case of Re B (A Child) [2017] EWCA Civ 1579. In that case, a parent had made covert recordings, including conversations with a social worker, because they believed the professional had misrepresented what was said. The court listened to the recordings, which helped to clarify certain factual issues. However, the President of the Family Division described covert recordings as “deeply unhelpful” noting that they damage trust, place strain on working relationships with professionals, and risk undermining the cooperative approach needed in children’s cases. The case demonstrates that although a covert recording may sometimes assist with resolving a specific factual dispute, it still carries significant risks – especially to your credibility and your ability to work constructively within the wider proceedings.

If you believe a professional is not accurately recording meetings, there are several measures you can take, such as:

✔       asking for clarification

✔       requesting a written summary

✔       taking an independent person (or advocate) along with you

✔       raising a formal complaint

If you still wish to record, you should inform the person that you would like to record the meeting and request that they make a note of it in their records. Being open and transparent will avoid some of the risks and help to preserve a cooperative working relationship.

Concerns about recording children

The court treats recordings of or involving children with exceptional caution. Adults can place emotional pressure on a child, create confusion, or make them feel they must “perform” for their parents. Recordings can also easily be taken out of context. A court will always consider whether a child may have been coached, prompted or influenced.

The case of M v F (Covert Recording of Children) [2016] EWFC 29 is often cited, where a father had made a number of secret recordings of both professionals and his own child by sewing recording devices inside the child’s clothing. The court admitted the recordings into evidence but found the father’s behaviour to be inappropriate. The court ultimately decided that the child should live with the mother, noting that the father’s use of covert recordings – alongside concerns about his and his partner’s ability to meet the child’s emotional needs – weighed against him during the assessment. This case highlights how this type of evidence can harm rather than help the children involved and the parents’ case.

Key steps to take if you have made covert recordings
 

It’s essential to handle existing recordings carefully. The court expects honesty and accuracy, and your solicitor will advise if your recordings are likely to help or hurt your case. To avoid issues and complications, you should:

✔       seek specialist family law advice early

✔       disclose the existence of recordings to the court promptly – late disclosure could seriously undermine trust

✔       provide full, unedited recordings, rather than clips

✔       prepare a transcript if the court or your solicitor requests one

✔       be ready to explain why the recording was made and how

Presenting wider evidence

A judge is likely to give more weight to other types of independent evidence because they are less open to interpretation. You can safely strengthen your case by gathering evidence such as:

●         your own personal incident log or notes

●         medical evidence, including GP notes

●         school or local authority records

●         police reports

●         domestic abuse caseworker records

Covertly filming or audio-recording an ex-partner can easily be seen as intrusive or intimidating. A far safer and more credible approach is to keep notes at the time of what happened, including dates, times and brief descriptions of your concerns. These can be disclosed properly through your solicitor and are often viewed by the court as more reliable and less inflammatory than secret recordings.

Other types of recordings

Recordings that are considered neutral, such as those from third-party systems like doorbell cameras or CCTV, are more likely to be considered acceptable by the court. This is because they are automatically generated and less open to editing or manipulation, so can be more persuasive – offering a broader context. However, the court will still look closely at their completeness, relevance and how early in proceedings they were disclosed.

Final thoughts

The message is clear that, while covert recordings may sometimes be admissible, they carry significant risks and can damage your case if they are used without care. Whether you are facing disagreements about children, worried about your safety or concerned about how professionals have handled your situation, it is understandable that you want to “prove” your case. The safest and most effective approach is to seek specialist family law advice early and discuss the matter. Raise your concerns openly and build your evidence carefully and responsibly.

At K J Smith Solicitors, we understand how difficult family proceedings can be. We provide clear, practical guidance to help you make informed decisions about evidence, safeguarding and how best to present your case. If you have concerns about covert recordings, or any other aspect of your case, we offer a free 45-minute consultation to support you through your next steps. Handled carefully and with the right guidance, your evidence can help the family court see the full picture of your situation.