Can I Record My Child And Use The Recording In My Child Arrangement Order Application?

It’s beyond frustrating when you know your child wants to live with you or spend longer with you but no one is listening.

Our North West family law solicitors are asked whether parents can secretly record their children and use the video clip as evidence in court.

If you need help with sorting out custody or contact our experts can advise you on a child arrangement order application and represent you.

For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.

Should I record my child saying they want more contact?

If you are separated and your ex-partner is adamant your child says they don’t want to spend more time with you it is tempting to prove your ex wrong. You may want to openly or covertly record your child’s views on their living arrangements. Here are five reasons why it’s not a good idea:

1. Your ex-partner won’t believe the recording
2. Your former partner will say you manipulated your child
3. Your child will be told you can’t be trusted
4. Your ex-partner may stop the contact you currently have
5. Your ex will bring up the fact that you recorded your child if you make a child arrangement order application

Can I secretly record my child and show the recording to the CAFCASS officer?

Some parents are tempted to covertly record their children because the referral to CAFCASS seems slow. That’s because, according to CAFCASS statistics, between April 2023 and March 2024 the organisation received 39,661 children’s private law referrals.

If you have applied for a child arrangement order and you are getting a bad vibe about what the CAFCASS Section 7 report may say then don’t make the situation worse by secretly recording your child saying that they want to live with you or spend more time with you.

If you tell a CAFCASS officer that you have a recording they will want to disclose that to the court and the other parent. The recording may flag up safeguarding concerns. For example, was the child coerced into saying what they said or manipulated? The recording may also raise trust issues. Can you be trusted not to record what the other parent says to you or your meetings with the CAFCASS officer?

Can I use a recording of my child as evidence in a child arrangement order application?

Let’s set the scene. The CAFCASS officer has filed a Section 7 report in your child arrangement order application. The CAFCASS officer says your son does not want extra contact with you. You don’t agree and have recorded your son saying they want to spend every minute of every weekend with you. It’s a cute video. When the CAFCASS officer gives evidence in court you plan to play her your covert recording.

It reads like one of those TV court moments. What we can guarantee is:

1. The judge will be unimpressed by your actions and
2. The CAFCASS officer won’t say in the witness box that the recommendations in their report are wrong

Your actions may mean that you end up with less contact than the judge might otherwise have ordered.

When can I use a covert recording of my child in a child arrangement order application?

A covert recording can rarely be used in a child arrangement order, specific issue order, prohibited steps order or relocation order application.

The reason why CAFCASS officers are asked to prepare a court report on your child’s wishes and feelings is so they can independently find out your child’s views on living arrangements and make recommendations. If you secretly record your child and ask to use the recording as evidence the judge will decide whether to allow you to do so. They make their decision based on previous case law and guidance issued by the Family Justice Council.

If I can’t use a recording, can I ask the judge to meet my child?

It is rare for the judge to meet with a child because:

1. It is thought that going to court is stressful for children
2. The child doesn’t get to decide on the child arrangement order application
3. The CAFCASS officer’s job is to relay your child’s wishes to the court

If the judge does decide to see an older child, the judge will normally meet them in a private room and not in the courtroom. Neither parent will be present at the meeting although the judge will relay the gist of what the young person said.

If I can’t use a recording of my child, how can I involve them in sorting out their living arrangements?

Understandably parents and older children can get frustrated if they think they are not being listened to. Equally children of any age should not think that if they say what they want to do then that’s what will happen. Their preferred residence or contact plans may not be suitable for either parent or fit in around parental work schedules.

There are lots of ways your child can get involved in working out the best post-separation living arrangements:

1. Family discussions
2. Family mediation
3. Being made a party to the court proceedings

Family discussions only work if you and your ex-partner can have a civil discussion. If not, it isn’t fair to involve your child in direct discussions.

Family mediation can include an older child but the mediator must be qualified in this type of mediation. It can work well if you have a teen – although neither you nor your ex-partner may like what your child has to say.

When child arrangement order proceedings are started, either parent can ask the judge to order that the child is joined as a party to the court application. It’s rare for the court to agree to this request other than in complicated situations or where the court thinks that neither parent is saying what the child wants.

Why should I not video-record what residence and contact arrangements my child wants?

Covert video recordings may appear the simple solution when you and your ex can’t agree on what your child wants but:

1. Your child’s wishes are not the only factor in deciding living arrangements
2. Court guidelines and caselaw are against it
3. Recordings can be counter-productive
4. You may be found to be manipulative and controlling

Before you decide to record your child either openly or covertly speak to a children law solicitor so you understand the implications and what it could mean for you in your battle to get to see more of your son or daughter.

For family law advice call our team of specialist divorce lawyers or complete our online enquiry form.