ON SECRETLY RECORDING YOUR CHILD'S CONVERSATION

In April of this year, in People v Badalamenti 2016 NY Slip Op 2556 - NY: Court of Appeals, 2016, a deeply divided Court of Appeals recognized a new exception to the state's illegal eavesdropping statute ruling that parents can surreptitiously record conversations involving their minor children if it is in the children's best interests.

At many CLE's on matrimonial law, I have heard discussions of the potential use of this in custody disputes. The court’s decision may lead to many more parents recording conversations.

The trial attorney for the case wrote an interesting blog after the Court of Appeals ruling came out and it makes for an interesting read:

http://www.courtroomstrategy.com/2016/04/ny-court-minor-childs-parent-can-consent-to-secret-recording-of-other-parent/