Guidance on the use of recordings made secretly as evidence for family law proceedings

Guidance on the use of and admissibility of recording secretly made to provide evidence for family law proceedings has been published by the Family Justice Council; recognising the sparsity of advice in this complex area of law. 

Covert recordings in Family Law proceedings concerning children: Family Justice Council Guidance’, follows an increased use of covert recordings in family law proceedings and the need for clear guidance, and the protection and privacy of those subject to the recording.

“This has been a growing area for the courts to consider with little guidance available to judges or other professionals. This guidance from the Family Justice Council (FJC) explores the issues and examines the consequences arising from the use of covert recordings by private individuals and sets out guidance that we hope will lead to greater consistency in approach”

said President of the Family Division of England and Wales and Chair of the Family Justice Council, Sir Andrew McFarlane, in his foreword, adding there are legal and emotional implications when considering the admission of recording which could be considered an invasion of privacy. Read the full article below.