CAN I RECORD MY PARTNER? – I am going through family law proceedings and need evidence!

Most of us have a smart phone which can take photos, record a conversation or record a real life occurrence. When going through the challenges of family law proceedings, there is always the case of “he said, she said” and having some evidence to show the Judge what your ex-partner is like is incredibly tempting.

However to put it simply, in most states of Australia, and specifically, NSW, it is actually illegal to record someone without their knowledge or consent and, the recording cannot be used as evidence in Court.

There is however exceptions to this rule and, the Family Court may, at its discretion, accept covertly obtained recordings into evidence if they determine they are not unfairly prejudicial.

Our advice to you…

Consult with one of our friendly lawyers here at First Choice Family Lawyers in Beverly Hills NSW before you want to take recordings, or attempt to admit recordings into the evidence in family law proceedings.

Bookings can be made here: https://www.firstchoicelaw.com.au/booknow