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I'm divorced with two kids (minors) and 50% custody, in California.

Now let's talk about recording in California. I know that California is a state where both parties need to give consent for something to be recorded. However on the flip-side I can film my own kids all I like.

My kids are being unduly influenced by my wife, in a way that is confusing them and making them adverse to me. For example I'm asking them to eat their vegetables and they tell me that their mom says to tell you (me) that "it's my body and I can eat whatever I like". Or: I like having them in public schools and my wife is being an earworm and making them think they want to start to homeschool with her, which would affect my 50% custody arrangement. Many times they will say something that proves my wife is not speaking well of me, and is confusing them.

I'd like to take her to court over this and other issues some time in the coming year. I have a "Google Glass" which is a camera attached to glasses. I've enjoyed filming my kids, those special moments for future keepsake, and I have a way I can film everything and then just save the parts I want. I do not film my wife.

So this brings me to my point. Can I film my kids (or even just audio recording), and get several examples of where they prove my wife is wrongly influencing them, and then use that in court against her? Or is that against the law?

For reference, my kids are younger than 8, so not really able to testify for themselves.

  • Note, this would all be spontaneous filming not scripted. The Google Glass would essentially be on all the time and I just throw away the data where no adversarial words come. So I might wear Google Glass every night at dinnertime or something, and film our dinner conversations. Or at the park, or whatever. – Albert Alonso Jun 14 '18 at 22:27
  • I'm voting to close this question as off-topic because it belongs on parenting.stackexchange.com – BlueDogRanch Jun 15 '18 at 3:33
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    He's asking about the legality of filming and the admissibility of evidence. Seems well-enough suited to law.SE. – bdb484 Jun 15 '18 at 3:51
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    What is legal about "my wife is wrongly influencing (the kids)" about eating vegetables? – BlueDogRanch Jun 15 '18 at 5:49
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    Nothing. What is not legal about "Can I film my kids (or even just audio recording), and get several examples of where they prove my wife is wrongly influencing them, and then use that in court against her? Or is that against the law?" – bdb484 Jun 16 '18 at 9:04

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