Can I Record My Ex During Parenting Time Exchanges in Michigan?

Parenting time exchanges can be stressful—especially when communication is strained or conflict tends to escalate. Many parents wonder whether recording those interactions (video or audio) can help protect them, document issues, or provide evidence if problems arise later.

In Michigan, you can record some interactions, but there are important legal limits you must understand before you hit “record.”

This guide explains the law, the risks, and the smarter alternatives for documenting problematic exchanges.

Michigan Is a “One-Party Consent” State — But That Doesn’t Answer Everything

Michigan’s eavesdropping statute (MCL 750.539c) makes it legal to record a conversation if at least one party to the conversation consents. This means:

• If you are part of the conversation, you can record it.

• You do not have to tell the other parent that you’re recording.

• You may record audio, video, or both.

However, this only applies to conversations you are part of. You generally cannot:

• Hide a recording device and secretly record conversations you’re not present for.

• Record inside the other parent’s home.

• Record your child’s private conversations without caution.

Even when legal, recording can still inflame conflict or be viewed negatively by a judge if misused.

Where Parents Get Into Trouble: Recording During Exchanges

While parents can legally record themselves during an exchange, judges often dislike recordings that:

• Provoke or escalate a situation

• Include children who appear distressed

• Feel “performative” or staged

• Are used excessively or out of context

• Are meant to intimidate the other parent

Courts want peaceful exchanges. If recording makes things worse—even if you’re legally allowed—judges may see you as contributing to the conflict.

When recordings help you:

Recordings can be valuable if they objectively capture:

• Threats, harassment, or aggressive behavior

• Refusal to exchange the child

• Unsafe conditions during pickup/drop-off

• A parent under the influence

• Violations of the court order

• Third parties interfering with exchanges

Judges often consider recordings in these contexts because they provide direct, real-time evidence.

When recordings hurt you:

Recordings usually backfire if they show:

• You approaching with your phone held up in someone’s face

• Children witnessing unnecessary conflict

• You provoking the situation “to get it on camera”

• You narrating events in a dramatic or hostile way

• Selective recording meant to hide your own behavior

If it looks like you are trying to create evidence instead of simply documenting the exchange, the court may give it little weight—or even view it negatively.

Best Practices If You Choose to Record

If you decide recording is necessary for safety or evidence, follow these guidelines:

1. Keep the camera low and unobtrusive

Record passively—don’t hold the phone in the other parent’s face.

2. Stay calm and say very little

Any recording where you escalate will undermine your credibility.

3. Don’t involve the kids

Never ask a child to speak “for the record,” and don’t reference the recording in front of them.

4. Document all exchanges, not only the bad ones

Selective recording looks manipulative.

5. Send recordings to your attorney immediately

They can help decide whether and how to use them.

Alternatives to Recording That Judges Often Prefer

Recording is not the only way to document problems. In many cases, judges prefer alternatives such as:

• Third-party exchanges (police station lobbies, public places, supervised exchange centers)

• Using AppClose, Our Family Wizard, or other court-approved communication apps

• Written parenting time logs

• Police well-checks if the other parent refuses to exchange the child

• Requesting modification, clarification, or enforcement of the order

These approaches often strengthen your case without escalating tension or creating reactive behavior at exchanges.

When to Consider Filing a Motion

If recordings show repeated conflict, refusal to exchange, safety concerns, or threatening behavior, you may need to file:

• A Motion to Enforce Parenting Time

• A Motion for Supervised Exchanges

• A Motion to Modify Parenting Time

• A Motion to Restrict Third-Party Interference

Courts in Bay County, Midland County, Saginaw County, and Mid-Michigan will review recordings as part of the evidentiary record when deciding whether a change is necessary for the child’s best interests.

Bottom Line

Recording your ex during parenting time exchanges can be legal in Michigan, but it isn’t always wise. If done incorrectly, it can damage your case more than it helps. If done correctly, it can provide powerful evidence.

If you’re experiencing conflict at exchanges—or you’re unsure whether you should be recording—Triton Legal can help you strategize the safest and most effective approach.

Contact Triton Legal for Help With Parenting Time Issues

Whether you’re facing a difficult co-parent, repeated late exchanges, safety concerns, or escalating conflict, our team can help you protect your rights and your child’s well-being.

Triton Legal PLC — Serving Bay County, Midland County, Saginaw County, and the surrounding Mid-Michigan region.

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