A father recorded a conversation between his son and his ex-wife’s live-in boyfriend. Later on, when he turned in the recording as evidence, the boyfriend’s attorney challenged the admissibility of the recording, calling it illegal eavesdropping.

According to ABC News, the boy was five years old and the father decided in good faith that recording the violent conversation he was overhearing was necessary for his son’s protection.  Read More

The ruling set a precedent for parents being able to eavesdrop on their children when it is done in good faith for the child’s protection.

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However, the judge in the case cautioned about certain limitations, including:

  • Age and maturity of the child when considering eavesdropping
  • Not using it as an excuse for illegal wiretapping
  • Not eavesdropping as a parent when doing so in bad faith

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It will be interesting to see how New York case law develops regarding parents who eavesdrop on children.

If you have questions about whether to record events involving your child, discuss your concerns with attorney Chris Palermo. He will be glad to answer your questions and provide you with effective legal guidance.