Custody documentation guide

Can I record my co-parent in Connecticut?

one-party criminal rule, all-party civil rule for calls

Connecticut gives two answers, and parents usually hear only one.

In person, generally yes if you are part of the conversation. On the phone, only with everyone's consent, a recorded announcement at the start, or a repeating warning tone. C.G.S. 52-570d makes you liable for damages otherwise. Eavesdropping on others is a Class D felony under C.G.S. 53a-189.

Main statute: C.G.S. § 52-570d
Main caution: Civil liability for recording a call without notice

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Its criminal law is one-party. Its civil law treats phone calls differently. Recording a private call without everyone's consent, a recorded announcement or a warning tone can make you liable for damages. That applies even when you are on the call.

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Two sets of rules

Most states have one recording rule. Connecticut has a criminal rule and a separate civil rule for phone calls.

The criminal rule is one-party, so a participant is not a criminal eavesdropper. The civil rule for telephone calls needs more. A parent can stay outside the criminal law and still be sued.

The criminal rule

Eavesdropping is a Class D felony under C.G.S. 53a-189. It covers wiretapping and mechanical overhearing of a conversation.

Mechanical overhearing means recording a conversation "without the consent of at least one party thereto, by a person not present thereat". Wiretapping covers a call recorded by someone other than a sender or receiver. A participant falls outside both.

The civil rule for phone calls

C.G.S. 52-570d says no person shall record "an oral private telephonic communication" unless one of three things happens.

Everyone consents first. The consent is in writing, or recorded at the start of the call.
You announce it. A verbal notification is recorded at the beginning and forms part of the call.
A warning tone plays. An automatic tone sounds about every fifteen seconds.

The statute also says that a person outside Connecticut who records a Connecticut party should comply with the same rule. If none of the three safeguards happens, the person recorded can sue for damages, costs and legal fees.

The two exceptions that matter to parents

The civil rule does not apply to the recipient of some calls. One is a call that "conveys threats of extortion, bodily harm or other unlawful requests or demands".

It also does not apply to the recipient of calls that occur "repeatedly or at an extremely inconvenient hour". Both exceptions depend on the facts. A lawyer should confirm that a call fits before you rely on either.

In-person conversations

Section 52-570d is about telephone calls. For face-to-face talk, the criminal one-party rule is the main one.

If you are part of the conversation, you are present and a party. A recorder left in a room you are not in is different. That is mechanical overhearing by a person not present, which is a Class D felony.

Your child's calls

A call between your child and the other parent is one you are not part of. Neither the criminal nor the civil rule treats you as a participant.

Some courts let a parent consent for a young child under Pollock v. Pollock. That needs a genuine, reasonable belief that recording is necessary for the child's welfare. Connecticut has not clearly settled this, so get advice first.

What a Connecticut court is weighing

Connecticut decides custody on the child's best interests under C.G.S. 46b-56. The factors include each parent's willingness to encourage the child's relationship with the other parent.

A recording that exposes you to a lawsuit, or suggests you were building a file, can cost more than it gains. A clear written record avoids both.

What to keep instead

Write events down the same day, with the clock time, the words in quotation marks and who was present. Section 52-570d does not apply to your own notes.

A call log for custody records keeps calls and voicemails in order. A factual incident report covers single events. Take both to a Connecticut family lawyer.

A Connecticut custody note that needs no warning tone

Connecticut's phone rule catches even participants. A written note is outside it. Write it the same day.

Time it to the minuteNote the date and clock time you are writing, and the date and clock time of the event itself.
Quote, don't summarisePut the words you actually heard inside quotation marks. Mark anything you are paraphrasing as a paraphrase.
Name who else was thereList every adult and child present, and anyone within earshot who is not part of the family.
Separate what your child saidRecord a child's words as reported speech, and never question a child again to sharpen a quote.
Note any announcementIf a call was recorded with notice, write down what was said at the start and when.
Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Keep the Connecticut record with no notice needed

Casewell keeps your dated entries, the words you heard and the files behind them in one private place. A note written on the day is stronger than a memory rebuilt later. Export a focused PDF for a Connecticut lawyer.

Is Connecticut a one-party or two-party consent state?

Both. The criminal eavesdropping law is one-party. C.G.S. 52-570d separately makes you civilly liable for recording a private phone call without everyone's consent, a recorded notice or a warning tone.

Can I record a phone call with my ex in Connecticut?

To avoid civil liability, get everyone's consent in writing or at the start of the recording. You can also announce it at the start, or use a repeating warning tone.

Can I record threatening calls from my ex in Connecticut?

C.G.S. 52-570d does not apply to the recipient of a call that conveys threats of bodily harm, extortion or other unlawful demands. A lawyer should confirm a call fits.

What is the penalty for eavesdropping in Connecticut?

Eavesdropping under C.G.S. 53a-189 is a Class D felony. Separately, recording a phone call in breach of 52-570d can lead to a civil claim for damages and fees.

Can I record my child's calls with their other parent in Connecticut?

That is a conversation you are not part of. Vicarious consent is not clearly settled in Connecticut, so speak to a lawyer first.

Sources

This page quotes the Connecticut General Statutes, sections 53a-187, 53a-189 and 52-570d, from the Connecticut General Assembly's official site. It explains the law and is not legal advice.

C.G.S. 52-570d — civil action for recording a private telephone call without consent or notice checked September 2026
C.G.S. 53a-187 and 53a-189 — definitions and eavesdropping, a Class D felony checked September 2026
Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked September 2026
18 U.S.C. 2511(2)(d) — the federal one-party consent floor and its criminal-or-tortious-purpose proviso checked September 2026