Recording Conversations Between Your Child and Their Other Parent

When can a parent record a conversation between the child and the other parent?

The Indiana Wiretap Act prohibits individuals from “intercepting” communications. Under the Indiana Wiretap Act, an “interception” is the intentional recording or acquisition of the contents of a telephonic or telegraphic communication by a person other than a sender or receiver of that communication without the consent of the sender or receiver. A recording is not an interception if it is done with the consent of the sender or receiver of the communication.

In Apter v. Ross, 781 N.E.2d 744 (Ind. Ct. App. 2003), the Indiana Court of Appeals ruled a recording a father made between his child and the child’s mother was not an interception. The Court of Appeals concluded a parent has the power to consent on behalf of his or her minor child to the recording of that child’s phone conversations unless otherwise curtailed in some legal proceeding. In this case, the father had a duty to consult with the mother prior to making any major decisions regarding the children, but the Court of Appeals held this consultation requirement did not apply when the father’s decision to record the conversation was motivated out of concern for his daughter’s welfare.

On January 1, 2022, the updated Indiana Parenting Time Guidelines went into effect. The Guidelines were updated to include, among many other provisions, a provision which discourages parents from recording conversations the child has with the other parent. In general, communications between the child and the other parent should only be recorded if absolutely necessary out of concern for the child’s welfare, and for no other reason. If you have questions about whether you should record your child’s communications with their other parent, or whether a recording you’ve already made is a violation of the Indiana Wiretap Act, contact our office and ask for a consultation with Attorney Abby Schneller.

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