Should You Record Changeovers? What You Need to Know

For many parents, the act of exchanging children between households is a
routine part of shared custody arrangements. In separated families,
changeovers for the children can be emotionally charged, especially when the
relationship between the parents is strained, or where there’s ongoing conflict or
mistrust. To protect themselves, some parents choose to record changeovers
through video or audio, believing it will provide evidence of the other parent’s
behaviour.

Whilst this might seem like a sensible precaution, recording changeovers can
backfire – legally, emotionally, and practically.
In Australia, recording changeovers is a legally grey area, and may carry
unintended consequences, especially in family law proceedings.
Parents typically seek to record changeovers to either gather evidence or for
accountability and safety.

Some parents are involved in high-conflict custody situations. They may record
changeovers to:

Document any alleged verbal abuse, threats, or aggression
Protect themselves against false accusations
Capture whether the child is distressed or resistant
Document when the other parent fails to follow the parenting plan or court orders

Recording can create a sense of accountability, ensuring both parents remain on their best behaviour during interactions.

Is It Legal to Record Changeovers in Australia?

In Australia, laws about recording conversations vary by state and territory. Generally, in NSW and ACT:

It is illegal to record a private conversation if you’re not a party to it
It is illegal to record a private conversation if the other party does not consent to the conversation being recorded (subject to very limited exceptions)

Will a Recording Be Admissible in Court?

If the recording was obtained unlawfully (without consent), or if it breaches a family court order or child privacy protections, it may be excluded from evidence — or worse, backfire on the recording parent.

The Court is required to consider the best interests of the child, not just the conduct of the parents. In some cases, recordings can even reflect poorly on the parent making the recording, especially if they appear to escalate conflict.

The Court has historically taken a conservative view and has usually denied such recordings into evidence. However, the Court has considered the issue in cases such as:

Janssen & Janssen [2016]

The Mother was successful in having a recording evidencing family violence admitted into evidence.
In this case, the mother made serious allegations of domestic violence and sexual abuse against the Father. The Mother recorded a number of conversations she had with the Father which indicated he had made physical threats to the Mother and the children.

The Court admitted the recordings into evidence as they were relevant to the allegations of domestic violence, stating:

“the Father may have had a public face very different from his private face, a possibility accepted by Dr Q, who agreed that the Father may be charming and delightful in company, and intimidating and frightening in the home, as alleged by the Mother.”

In making this decision the Court highlighted how notoriously difficult it is to obtain evidence of family violence which takes place behind closed doors.

Coulter v Coulter (No 2) [2019]

The Court admitted secret recordings taken by the mother at changeover into evidence.
The mother was a victim of family violence. At the time of making the recordings she had a legitimate concern for her safety and was trying to obtain proof in order to obtain an Intervention Order against the father.

The Judge decided the secret recordings protected the mother’s ‘lawful interests’. However, the Judge did not allow a private recording of conversations between the father and the children to be used as evidence, holding that this was a breach of privacy laws.

Even if a recording is legal, the Federal Circuit and Family Court of Australia may not allow it to be used in proceedings. The Court may refuse to admit recordings if it is likely to increase conflict or distress for the child.

How Does Recording Affect Your Child?

Even if your intentions are protective, recording can be unsettling for children. They may feel:

Caught in the middle of conflict
Like they’re being “watched” or judged
Anxious or distressed during handovers

These emotional impacts can lead to long-term harm, and Courts are increasingly mindful of this in parenting cases.

Safer Alternatives to Recording Changeovers

Before you start filming, consider these more constructive approaches that are often favoured by the Court:

Use a Neutral Location
Changeovers at a school, childcare centre, police station, or contact centre reduce direct contact and help avoid conflict.
Third-Party Handover
Use a trusted family member or professional supervisor to manage handovers if things are tense.
Communication Apps
Apps like OurFamilyWizard or Talking Parents create a secure record of communication without the need to film.
Court Orders for Supervised Time or Changeovers
If safety is a concern for you or your children, you can apply to the Court for supervised handovers or change the exchange location to a safer setting.
If there are ongoing, serious safety concerns then supervised time between the children and that parent may be appropriate.

Need Advice on Managing Changeovers?

Recording changeovers may seem like a simple solution to a difficult situation, but in family law, the risks often outweigh the benefits. Courts want to see child-focused, low-conflict parenting, not surveillance tactics that increase hostility.

Before you take this step, talk to a family lawyer who understands the nuances of your state’s laws and your parenting arrangements.

At Fulcrum Family Law, we’re here to help you protect yourself and your children – with legal solutions that prioritise long-term wellbeing, not just overcoming short-term conflict.

Our family lawyers are here to guide you whether you’re navigating high-conflict parenting, safety concerns, or family Court proceedings, we’ll help you find the right approach.

This article is general information only and does not constitute legal advice. For tailored guidance, please contact our team directly.