A father has been told he must stop recording videos of his daughter being handed over to her mother because it was abusive and did not provide any useful evidence in family court proceedings.

A non-molestation order was made against him.

The case involved a couple who had separated when their daughter, now aged six, was still a baby. There was a great deal of animosity between them.

During court proceedings they made allegations against each and the recorder made adverse findings of fact against both of them. The court decided that, based on the quality of emotional care, the daughter’s primary residence should be with her mother but the father should be allowed regular contact.

The father was unhappy with the arrangements and claimed the mother’s behaviour towards him was unreasonable. He started making video and audio recordings when he handed his daughter back. He believed this would help to prove that his concerns about the mother’s behaviour were well-founded.

During further proceedings, the court made a made a non-molestation order prohibiting further recordings. It held that they were abusive and provided no helpful evidence.

The Court of Appeal has upheld that decision, agreeing with the judge that the recordings amounted to a form of intimidation.

Please contact us if you would like more information about the issues raised in this article or any aspect of family law.