Can I Record An Access Changeover?
Looking for evidence? Tempted to press “record” during an access changeover? Before you do, be aware that there is a risk that you may not only be prevented from using the photos or video as evidence, but you will most likely be criticised as exposing the children to family violence.
Technological advances and the ease of modern recording on smartphones has enabled many parents to record discussions and interactions. It is becoming a common occurrence for courts to be presented with home-recorded audio and video material.
It is important to consider not only, whether the court will accept the evidence but also whether the evidence will be in your favour. The court has the discretion to allow recordings if:
- the evidence is relevant; and
- the desirability of admitting the evidence outweighs not doing so.
Our experience is that the court is less inclined to allow recordings that involve children, knowing that for children being recorded or photographed whilst they are upset at changeover, are likely to be more aware of the conflict between their parents. It may even cause the children to consider that they are the cause of the conflict between their parents and that they are constantly being put in the middle.
While the idea of making a recording to use as evidence in your parenting dispute may seem like a good way to persuade the court, it is important to be aware of the risks and pitfalls of relying on audio or visual recording evidence.
At Michael Lynch Family Lawyers, we have the expertise and experience to advise you on the admissibility of evidence and the best way to conduct your family law matter. Please, contact us on (07) 3221 4300 or [email protected] for a fixed-fee no obligation initial consultation.
