24/02/2026
FAMILY LAW TIPS FOR PARENTS - COVERT RECORDINGS
Covert recordings is another term for recording another person secretively, without their knowledge.
Parents are resorting to this type of evidence more and more in proceedings.
Why covert recordings are more often than not unhelpful:
1. It is a form of surveillance. This can be considered as a distorted and obsessive form of thinking which can constitute harassment be controlling or abusive.
2. It is a substantial invasion of privacy. If done repeatedly it can be considered highly relevant to the welfare process when considering the arrangements for the child. HKS v HSM [2021] EWHC 3423 (Fam).
3. Secretly recording children rarely supports your case. It is often considered harmful to children and may have more evidential value in indicating the capability of the parent to understand and promote their child’s emotional needs and protect them from harm.
4. The recording may not record the entire event. E.g. it may be a short snippet of a much larger incident. This could be evidence of you attempting to control the narrative and build evidence.
5. You may have used a third party app to edit the video or splice more than one video together. This could reduce the quality of the video and lead to glitches. This may lead to expert analysis.
However, there are occasions when a covert/secret recording will be the only way to provide evidence of something.
In these situations, you need the permission of the court to rely upon the evidence. In children proceedings, you need to file a C2 application and the court will consider the whether they can be admitted into the proceedings.
If you find yourself in this complex position, please reach out to us. We regularly advise clients on admitting this type of evidence.
Hale Family Law
0161 567 6067
[email protected]
www.halefl.co.uk
7 Market St Altrincham WA14 1QE
