If my ex-husband is using his cell phone to video record/audio record the exchanges of our children, is this legal?

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If my ex-husband is using his cell phone to video record/audio record the exchanges of our children, is this legal?

We exchange in a public parking lot. Do I have any rights in protecting my children and myself in regards to this?

Asked on December 10, 2016 under Family Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It is legal to do this unless there is a court order to the contrary:
1) Any person may video record any other person in public areas, since there is no expectation of privacy in public spaces.
2) In your state, so long as one person involved in a conversation consents or agrees to be audio taped, audio recording is legal. Since your ex-husband is the one you are exchanging with and is part of the conversation, he can consent to it being recorded.
If the family court issues an order specifically barring him from doing this, then he could not, however. If it appears to be harming the children in some way--making them manipulated or resentful, for example--you may be able to file a legal action in family court (such as a motion in your divorce case, under the docket number of that case) seeking a court order prohibiting him from recording the exchanges.


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