Recording phone calls

[MountainGoat]

Good morning,

My children phoned me several times yesterday using their mums phone. I could hear Stbx whispering in the background.

On each call it said “this call is being recorded”.

I was under the impression you had to inform people if you intend to record a phone conversation.

Anyone know where I stand with this?

Thankyou.

 

[childfirst]

Yes that is my unerstanding also - If they are to use the recording the whispering would prob also be heard?

 

[Fiji107]

Legally I believe you don’t need to inform someone that you’re recording a call between you and them. It’s different if your a business or a company etc but between the general public I think it’s perfectly legal… I’ve been researching this quite a bit recently due to me recording calls with CAFCASS. It seems they fall under the same rule as the general public.

 

[MountainGoat]

I don’t think it is legally a problem and she can do it however it isn’t very lawful / I question what she is trying to achieve.

And she should inform me before hitting the record button.

I will be notifying her solicitor about this.

 

[Oneofmany]

I don’t think it is legally a problem and she can do it however it isn’t very lawful / I question what she is trying to achieve.

And she should inform me before hitting the record button.

I will be notifying her solicitor about this.

I'd say don't. It could cause some backlash. Just act like you don't realise

 

[childfirst]

Yes, in the United Kingdom, the key laws governing call recording include:

1. For Personal Use – It is not illegal to record a call you are part of without informing the other party, as long as the recording is for your own private use.
2. For Sharing or Third-Party Use – If you intend to share the recording with someone else, use it in a legal dispute, or publish it, you must get the consent of the other party. Otherwise, you could breach data protection laws (UK GDPR and Data Protection Act 2018).
3. Children & Consent – If your wife hands the phone to your child, the issue becomes more sensitive. Depending on the child's age and understanding, recording without clear consent from a responsible adult (e.g., the other parent) could be problematic.

While you're legally allowed to record your own calls for personal use, it's best practice to inform the other party, especially when children are involved.

 

[Fiji107]

I'd say don't. It could cause some backlash. Just act like you don't realise

According to CAFCASS themselves no authorisation is needed to record a call with them. However confidentiality rules still apply, you can’t share it with anyone and if you need to use it as evidence in court you’ll need to ask the judges permission. You should inform them that your recording though out of courtesy. That’s what CAFCASS say. I’d recommend always recording interactions with them, unless you’re actually in court obviously, as they do have a tendency to be biased and twist things. Personally I’m glad I recorded the safeguarding call as they lied and it’s caused allegations to be made that are going to a fact find… at least I can prove I didn’t say what they said I did

 

[mva]

shes probablly just hoping you say something inappropriate to the kids.

I wouldnt inform her solicitors, will just cost you money and prewarn your onto her

just bring it up in next hearing, will make her look either paraniod or provocative in eyes of judge

 

[MountainGoat]

Thanks everyone. I will not contact her solicitor.

As some of you are aware I set up the children's Nintendo's and accounts so they were phoning me up as stbx had bought them some credits and they needed adding to the account. I have to do this as otherwise it disables parent controls and they can then do what they like.
So it was a bit of a faff to do on the phone.

Firstly, I got the call from unknown number so ignored it, then the next time I answered it but I was actually in the middle of having my hair cut.
The third time I was driving in the city centre and had to explain that I can't just sotp in the middle of town and needed to find somewhere to stop and to call back later. It was already getting late inot the evening and when my children are getting tired.

My son was getting fustrated and calling me stupid, "just give us the code", etc. I explained I needed to stop to be able to do all this.
At no point did their mother say not to speak like this or to say thankyou. She does not seem to care.
At one point I explained I will not be continuing this conversation if you are talking badly.

Ofcourse all of this was recorded. I ended up sorting everything out for him, but no doubt Stbx is loving having these recordings.