In a high-conflict divorce, one parent may be tempted to record phone conversations between a minor child and the other parent. In this age of rapidly advancing technology, children communicate through a variety of electronic media, and a parent with concerns might be hard-pressed to keep up.

If a primary parent suspects inappropriate communication between the child and the second parent, it is important for the primary parent to engage legal counsel immediately. If the parents are in the process of divorce or have a custody agreement in place or in process, a judge could well consider the quality of communication between the parents and children when weighing options for shared parenting.

In New Jersey, according to the Wire Tapping statute, a phone call can be recorded if one participant consents. In other words, a person may not record a conversation between two other people, but can record a conversation in which they are a party, even if the other party is not informed. If the phone call crosses state lines, the state with the more stringent laws will prevail.

In most cases, a minor child does not have legal status, and therefore does not have the ability to give consent to be recorded. In some cases, a parent can give consent on behalf of the child. The court may permit a recorded call to be considered as evidence if the primary parent reasonably suspects any of the following:

• Verbal, emotional, physical or sexual abuse;
• Driving while intoxicated;
• Threatening language or behavior;
• Parental alienation; or
• Other manipulative or damaging interactions.

A parent may record any conversation that takes place in the public domain, where privacy is not expected, such as at school, or in a playground.

In 1986, the federal government updated the wiretapping laws in an effort to keep up with the rapidly changing communication technologies. Some parents must now make heroic efforts to monitor communications in their current forms, and at the end of the day, it may not be possible. On the positive side, many forms of media available to children tend to leave a trail, making parental snooping considerably easier.

If you are a divorcing parent, you need a skilled and experienced child custody attorney on your side. For a near-term initial consult at our Central Jersey law offices, call Hanan M. Isaacs, P.C., at 609-683-7400, or contact us online today.  We will listen to your facts, explain the law, and suggest the best pathways for you to reach economic and social justice.   Call now.  You will be glad you did.