No — recording a family court hearing without the court's permission is contempt of court and can also be a criminal offence, even for remote hearings held by video link.
No. Recording a family court hearing without the court's specific permission is contempt of court under section 9 of the Contempt of Court Act 1981, and can also be a criminal offence. This applies whether the hearing is in person or held remotely by video link, and it applies to audio and video recording alike. The court itself makes an official audio recording of hearings, which you can apply for a transcript of — that's the proper channel if you need a record of what was said.
Family proceedings, especially those involving children, are usually held in private. A recent case, HM Solicitor General v Wong [2023] EWHC 2684 (Fam), illustrates how seriously the courts treat this: a father in adoption proceedings was found in contempt of court after covertly recording a final hearing and passing the recording to someone who posted it, along with other case material, on YouTube. The judge noted the risk this posed to the security and emotional stability of the child and their new family. Separately, section 12 of the Administration of Justice Act 1960 makes it contempt of court to publish information about private family proceedings concerning a child's upbringing at all, regardless of how that information was obtained.
You don't need to record it yourself — there's already an official audio recording made of every family court hearing, unless the court directs otherwise. If you're a party to the proceedings and want a transcript:
The rules around recording professionals — such as a social worker, or a conversation with the other parent — outside the courtroom itself are different from recording the hearing, and are covered by separate guidance published by the Family Justice Council in 2025 on covert recordings in family proceedings concerning children. If you're thinking about recording anything relevant to your case outside the hearing room, the key points are:
It's the court's decision, not automatic. Recordings are generally treated as hearsay evidence, and the court has discretion under the Family Procedure Rules to admit or exclude them depending on their relevance and reliability. The court may refuse to admit a recording where its authenticity is disputed, where it appears to have been edited, or where using it would cause unfair delay or prejudice. Even where recordings are allowed, courts have sometimes found that the very fact of secretly recording someone — for example, a professional such as a psychologist — undermines the validity of that interaction and can work against the person who made the recording.
Beyond the legal consequences — which can include a fine or imprisonment for contempt of court — sharing or publishing any part of a recording, especially where children are involved, carries additional serious risk under both the Contempt of Court Act and, separately, UK GDPR and data protection law. Posting material from family proceedings online, even anonymised, can breach confidentiality obligations and put a child at risk of identification.
Working out what you're allowed to record, and how to properly raise a recording you already have as evidence, is genuinely confusing without guidance. Access to Justice is built to help you understand these rules clearly before you make a decision that could damage your case. Try it free.
Can I record a remote hearing held over video link, since it's not technically a courtroom?
No, the same rules apply to remote hearings as in-person ones — recording a video-link hearing without permission is still contempt of court under section 9 of the Contempt of Court Act 1981, and courts routinely remind participants of this at the start of remote proceedings. The court makes its own official recording, which you can apply to obtain a transcript of.
What happens if I've already secretly recorded my ex-partner or a professional, before knowing this guidance existed?
Tell the court about the recording as early as possible, explain how and why it was made, and be prepared to provide the full, unedited version if you want to rely on it. Trying to introduce it unexpectedly, or without disclosing it, is likely to damage your credibility.
Is it ever acceptable to record my children during handovers or contact?
This is strongly discouraged by current guidance. Even where you believe it might support your case, courts and professionals generally view secretly recording children as potentially harmful to them, regardless of what it captures. Guidance based on consultation with young people found they generally see being secretly recorded as intrusive, and courts may treat the act itself as undermining a child's trust.
Can I take notes during a hearing instead of recording it?
Yes, taking your own written notes during a hearing is not the same as recording it and is generally acceptable, though check with court staff or the judge if you're unsure about anything specific to your hearing. If you want an accurate, complete record, the proper route is to apply to the court for a transcript of its official recording.
How much does a court transcript cost?
This varies and isn't fixed. You may need to pay for it privately, though it can sometimes be covered by legal aid if you have a certificate, or by the court itself where it's clearly relevant and important to a specific issue in your case. Apply to the court, explaining which hearing you need and why.
What's the difference between contempt of court and a criminal offence for recording a hearing?
They can overlap. Unauthorised recording is dealt with primarily as contempt of court under section 9 of the Contempt of Court Act 1981, but depending on the circumstances — particularly where a recording is published or shared — related criminal offences can also apply.
If I want to use a recording as evidence, when should I raise this with the court?
As early in your case as possible, not on the day of the hearing where it might be relevant. Early disclosure gives the court and the other party time to properly consider whether and how it should be used. You may also need to make a formal application, using form C2, for permission to rely on it.
This article provides legal information about recording family court hearings in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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