The covert recordings conundrum in private children proceedings

Farhana Shahzady, Family Law Partners

Technological advancements mean that it is now extremely easy to record someone without them knowing. As such, covert recordings and their admissibility within family law proceedings is currently a hot topic for family lawyers. In light of the recent draft guidance issued by the Family Justice Council, this article explores the issue of covert recordings within Family Law Proceedings. When are covert recordings admissible as evidence? What factors does the court consider when determining this matter?  And, why does there appear to be such a reliance on covert recordings as ‘evidence’ in the first place? Farhana and Rosa explore the answers to these questions in the article below.

The full article will be published in the April issue of Family Law. 

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