Is it legal to record telephone calls with a minor (although your own child)??

SunshineButterfly

My solicitor can not advise me on this because I can no longer afford legal fees. And Google is confusing me on this one, so I wondered if any of you lovely people on here may know.

Is it legal to record telephone calls with young children that you are a parent of? And can you then use these phone calls in a court of law?

I only ask as my childrens father have telephone contact with the children once a fortnight. He records these phone calls and asks our eldest on the phone several times "are you alright? are you sure? whats wrong? you don't sound ok".. which I have now realised is in a bid to try and get our son to disclose something he can then use against me in court.

Do I have to allow this? I know when he is recording the calls because it beeps every minute and he has also told me verbally that he is recording the calls.

Can he use these phone calls in court? I am assuming that a telephone conversation with a 5 year old has to be taken with a pinch of salt.

Most phone calls go along the line of.. what have you been up to... (child says nothing).. have you been out today? (no)..

The calls always go this way even when we have been to the park, the play centre, friends houses, somewhere really fascinating.

He also quizzes about if they have eaten. Usually they say no and say they are hungry even though they will have had a big tea with dessert and fruit is available to munch on.

I understand that to a child the phone call can sometimes seem dull and boring, and that they get distracted easily and just say "uh-huh" for most of it or go quiet for periods.

I guess I have been thinking about it from their dads point of view. He is looking for things to use against me, therefore being told theyve not had tea or not gone out of them not really wanting to talk he takes that as I must be treating them badly or not doing things with them and so on.

Sorry, I have gone off on a tangent a little there!!

Anyway.. is he within his right to record his childrens phone call with him?

Clutterfree

Legally I have no idea, but morally I think it is very wrong. Are your children aware of this?
From your thread title, I thought YOU wanted to record your children and I'm so relieved that is not the case.
Companies always have to say a disclaimer at the start of the call "this call may be recorded, blah, blah, blah..." but no idea for personal calls.
Sounds a bit sinister to me.

SunshineButterfly

My children are 3 and 5 so fortunately they do not ask what the beeping noise is and are not aware that they are being recorded.

The telephone contact is as per the contact order so I cannot with hold it and ask him not to record the calls. But was hoping he can at least not try to tamper with it and use it against me in court for his own personal gain.

Obviously I am quite upset that he is recording his phone calls with his children and being underhand during the phone calls. But I suppose whilst the children do not realise it will not damage them directly. I hope!

HappyMJ

It is not illegal to record conversations over the telephone.

Using it in court...well I really doubt it would be admissible so I wouldn't worry about it.

Mojisola

SunshineButterfly wrote: »

Is it legal to record telephone calls with young children that you are a parent of? And can you then use these phone calls in a court of law?

I only ask as my childrens father have telephone contact with the children once a fortnight. He records these phone calls and asks our eldest on the phone several times "are you alright? are you sure? whats wrong? you don't sound ok".. which I have now realised is in a bid to try and get our son to disclose something he can then use against me in court.

I think I would make a note of what has actually happened on the days when he phones them so that you have a counter argument if he does try to use the recordings.

neneromanova

I have no idea on the question you've asked, but from all you've posted, new and old user, your Ex is a VERY disturbed man! VERY!

paulineb_2

I really think you have to speak to someone about this and stop the phone calls for now (Im aware its part of the order but do people know hes recording them)!!!

Its not on, he might be able to do it, but he should not be recording these kids as a way of trying to get ammunition against you.

I think you have to flag this up to someone, if not a lawyer, then social services.

FatVonD

It's legal to record calls as long as you tell the other person it is being recorded which is what he has done.

Does he call at a regular time? I'd be arranging tea so they were still at the table when he called so it was fresh in their mind what they were having and put a bowl of grapes or whatever next to the phone so he has to ask what they're chewing!

Re going out, if he's only calling once a fortnight could trips out be arranged for earlier that day so again they're fresh in the child's memory?

paulineb_2

I also think you should let him know you are going to raise these concerns about him recording the kids phone calls.

Sorry you are going through this, must be awful.

FatVonD

I see you have two kids, you could produce one treat when he calls so he's privy to the delights of 2 kids squabbling over who gets the bigger half

Kayalana99

Kids will be kids.... my niece is same. She comes round and says shes hungry...I'll ask what she had to eat that day? and she'll say something like toast or pancakes etc...will cook her a meal and she won't eat most of it. Sister comes round to pick her up and lo and behold? She already ate before she came round and suddenly remembers when her mum asks...shes only 4 lol.

(This is like early afternoon so basicly saying she only ate at breakfast)