family proceedings

Family proceedings and recording devices – further developments…

You may have read our recent blog, regarding the use of recording devices on children in family proceedings. The Court of Appeal has moved the position on further, in the recently reported case of C (A Child) [2015].

This case involved acrimonious family proceedings, relating to the schooling of a child, despite an order already being in placed relating to the residency of the child and the contact of the non-resident parent.

At later proceedings, the mother alleged that the child’s father was photographing and video recording the child, including at contact handover with the child’s mother.

The Court of Appeal found that this behaviour could be considered “emotionally abusive” and granted a non-molestation injunction preventing the father from recording any meeting with the child’s mother.

Although each case is always fact specific, it is clear that the courts take a dim view of recording devices being utilised in matters involving children in all but the most exceptional of circumstances.

If recording devices are utilised for the benefit of an application, it is imperative that “raw evidential material” is made available to the court, including a transcripts of the oral evidence, in order to assist the court.

If you wish to discuss contact arrangements for your children, contact us today on 01234 889777 or 0207 177 9777 and speak to one of our family law solicitors for tailored, expert advice about your family law matters. Serving Bedford and London, our lawyers can help you with your family law and divorce matters.

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