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Your Child Is Not A Recording Device


A cassette tape recording a conversation

There's a quiet practice happening in some separating families that rarely makes headlines, but it's become common enough that the Family Justice Council issued specific guidance against it last month: parents asking their children to record the other parent.


A phone left running in a school bag. A child gently prompted to "remember what Dad says" or "tell me if Mum seems upset." If it sounds extreme, that's because it is. But in the pressure of a contested separation, it happens more often than most people realise. So I want to talk about why this matters not just legally, but for your child.


What it actually asks of a child


When a child is used this way, they're not simply caught between two parents anymore. They're recruited into the conflict itself. Their role shifts from "child in a family that's changing" to "witness gathering evidence for one side." That's an enormous weight for a child to carry, usually silently, usually without fully understanding why and almost always without consenting to it in any meaningful sense.


It teaches them things no parent would ever say out loud:

  • That love and safety in this house come with a job attached.

  • That their job is to watch, remember, and report.

  • That picking up on their other parent's distress is something to hide rather than something to feel.


Children are remarkably good at sensing what's expected of them, even when no one explains it. They will perform "normal" for one parent while quietly carrying instructions from the other. That's not protection. That's a burden.


What it does to your case


Setting the emotional cost aside for a moment, this type of behaviour rarely helps the parent adopting it. Family courts are increasingly alert to this kind of behaviour. A judge who sees a child being used to gather "evidence" isn't likely to think here is a parent prioritising their child's welfare. They're more likely to question that parent's judgment, their understanding of what their child actually needs and their fitness to make decisions that put the child first. So essentially, it can actively work against the very case it's meant to support.


If you recognise this pattern


Maybe you've felt the pull yourself - the temptation to ask your child what happened at the other house, or to feel relieved when they volunteer something. Separation under pressure makes almost everyone reach for whatever feels like proof, like control, like certainty in a situation with very little of either.


You're not a bad parent for feeling that pull. But there's a difference between feeling it and acting on it. Your child's sense of safety, knowing that both parents' houses are simply places where they get to be a child, not an informant, matters more than any single piece of "evidence." It matters for them right now, and it matters for how family court sees you.


What to do instead


  • Keep your own records of what you observe firsthand in conversations, behaviour changes and anything you witness directly.

  • If you have genuine welfare concerns, raise them through the right channels (your solicitor, McKenzie Friend, or directly with the court) rather than through your child.

  • Talk to your child about how they're feeling, not what the other parent is doing.

  • If you're not sure where the line is, ask someone who can tell you before you act, not after.


Family breakdown is hard enough without children carrying tasks they never asked for. Whatever is happening between you and your ex, your child's only job should be to be a child.


If you're navigating a high-conflict separation and want support that keeps your child's wellbeing protected, do get in touch.


 
 
 

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