In Missouri is it legal for an ex-wife to instruct a fourteen year old child to audio record the father and his new girlfriend in his own home to use in a custody battle?

Answer 1

Generally, Missouri law provides that it is not unlawful for a person who is not under color of law to intercept oral communications as long as they are a party, or one party has given consent. Instructing a child to record conversation at her father's home does not meet the requirements for a legal recording. However, there are other serious legal issues that would be involved with that activity.

The parent using their child to spy on the non-custodial parent, or secretly gather information for the custodial parent's use, would constitute parental alienation. Teaching the child to spy and making her do it would constitute a major interference in the child's relationship with her father. It can have a devastating effect on both the non-custodial parent and the child. The courts are well aware of the existence of parental alienation and its effects. It is not viewed lightly. The court can impose sanctions and a parent who persists in trying to alienate the child from the other parent could eventually lose custody. Any recordings presented to the court as evidence against the non-custodial parent may backfire and prove to be a problem for the custodial parent instead.

If you plan to use a child to spy you should consult with an attorney before you act. You should also take a parenting class through the court geared toward divorce and children, and obtain some counseling. If you have been a victim or think you have been a victim of child spying you should consult with an attorney and take legal action. In that case, the custodial parent does not have the child's best interest in mind.

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