Beware of Recording your former spouse and children

In a recent decision the Court of Appeal has found that a parent who video records handovers can be guilty of intimidation.

The case of C (A Child) [2015] EWCA Civ 1096, 29 July 2015 (Bailii) involved a mother and father who were embroiled in acrimonious litigation about their daughter ‘C’. The father alleged that the mother was ‘evil’ and regularly photographed and video-recorded C at handovers with her mother.  The Mother had concerns about this behaviour and alleged it was emotionally abusive.

At first-instance, a Judge heard the issues in dispute and made various decisions as to where C should live, the time she should spend with each of her parents and the school she should attend. Included in that Order was a requirement for the father to stop photographing or recording C and her mother.  Following those proceedings, there was yet another heated exchange at a handover which the father duly recorded, as had been his previous practice.  The judge was unimpressed and granted a non-molestation injunction prohibiting the father from recording any occasion when he met the mother and also made findings that the recording amounted to intimidation in the context of the proceedings.

The Father appealed that decision and the shared care arrangement initially ordered. Both appeals were dismissed.

The Court of Appeal was not impressed. It refused both appeals citing their concern that the father did not seem able to accept that the key issue in the court’s decision-making was C’s emotional well-being.

So, lessons to take from this – recording your former spouse can amount to harassment against which protection can be sought with non-molestation injunctions.

This case also underlines the court’s strong dislike of this kind of ‘evidence-gathering’. It is understandable that parties in intractable disputes feel a need to document incidents contemporaneously but doing so comes with a very strong health-warning.  Judges hate it!  Always think very carefully before recording anything.  There are very few, if any, situations where the recording is going to be considered helpful and at worst it could result in findings of intimidation and harassment being made against you.

If you have any queries about this article please contact jonesnickolds on 0203 405 2300 or contact@jonesnickolds.co.uk