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Can I carry a tape recordered in NJ to record conversation with Police, babysitter regarding child custody issues.

fd case, joint custody, parenting time.relatives of my son's mom arrive and things has turned ugly, For the last 3 yrs I used to go n pick my son up from babysitter. I leave wk 12PM during summer on wed n frid. Always I asked her permission and it has been fine. I got a court order for rite for first refusal. She is at wk until 5PM. Now she went to police saying that my parenting time does not say abt me picking up my son . crt has explained her is fine as long as she's at wk.Our crt date is next month however I want to continue this ruotine as before. now I have the cops over me, the babysitter refuse my son. I want to record conversations. today I'll pick my son up frm babyt.I want to record her conv, if the cops come I also want to record them. I want to be covered n safe.

Clark, NJ -

Attorney Answers (3)

Jonathan Paul Holtz

Jonathan Paul Holtz

Litigation Lawyer - Berkeley Heights, NJ

You cannot record the babysitter's conversation with the police without either the consent of the police or the babysitter. You can record conversations between yourself and the babysitter and/or police, without the consent of the babysitter or police.

New Jersey is a "one party consent" state, meaning as long as you have the consent of one party to a conversation it can be recorded. You would count as one party, so you can record your own conversations with others, without their knowledge or consent. Keep in mind that if you are recording a telephone conversation with someone in another state you may be violating federal or state laws outside of New Jersey law. Additionally, keep in mind that there are various restrictions, such as prohibitions against recording devices in most New Jersey Court Systems. Further, there are rules governing specific situations, such as "nanny cams".

My comments on your inquiry are based on the limited information provided. If you have any additional information... more
Thomas S. Durst

Thomas S. Durst

Child Custody Lawyer - Trenton, NJ

Be very careful. You are permitted to record any conversation you are a party to. You CANNOT record the conversations of other people.

This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
Ophelia Genarina Bernal-Mora

Ophelia Genarina Bernal-Mora

Child Custody Lawyer - Orlando, FL

It is illegal to record someone without their knowledge. You would have to inform them that you are currently recording the conversation.

You should consult an attorney for advice regarding your individual situation since every case is different and... more

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