Custody documentation guide

Can I record my co-parent in Hawaii?

for a participant

Generally yes, if you are part of the conversation, but not as a blanket rule for hidden devices.

For a conversation you are part of, generally yes under HRS 803-42, subject to its private-place/device proviso. Separately, HRS 711-1111 restricts installing or using a device in a private place without the consent of the people entitled to privacy there. It also reaches devices outside a private place that capture sounds from it that are not ordinarily audible outside. Breaking the eavesdropping law is a felony.

Main statute: HRS § 803-42; § 711-1111
Main caution: Devices in a private place need consent of those entitled to privacy

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Hawaii's eavesdropping law is one-party and its party-consent provision has a private-place/device limitation. Hawaii also has a separate privacy law that restricts recording devices in private places, like homes. Those limits are where separating parents get caught.

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Late pickup

11 June 2026 · 17:30 · Amelia

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Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.

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Two laws to keep in mind

Hawaii has an eavesdropping law in chapter 803 and a privacy law in chapter 711. They overlap, but they answer different questions.

The eavesdropping law asks whether a party consented, while also restricting certain devices placed in or aimed into private places. The privacy law separately asks whether a device was used in a private place without the consent of the people entitled to privacy there.

The eavesdropping law is one-party

HRS 803-42 generally allows a person to record a conversation they are part of, or one where a party has consented, unless the purpose is criminal or tortious. Its proviso separately prohibits installing a device in a private place without the consent of the person or people entitled to privacy there. It also prohibits using a device outside a private place to capture sounds from it that are not ordinarily audible outside.

So recording your own call with the other parent is generally lawful when your purpose is lawful. A hidden device in a home is a different analysis. Breaking the eavesdropping law is a felony, with up to five years in prison and a fine of up to $10,000.

The private place rule

HRS 711-1111 covers violation of privacy in the second degree. It includes installing or using a device in a private place without the consent of the person or people entitled to privacy there. It also reaches a device outside a private place when it captures sounds or events from that place that are not ordinarily audible or comprehensible outside it.

The Reporters Committee reads the consent language as requiring the consent of everyone entitled to privacy there. A home is the obvious example. The rule can also matter when a device is outside the home but aimed into it.

Why that matters at home

Homes are the obvious private place. A recorder hidden in the other parent's house, or left running in a shared home after you move out, fits the privacy rule.

Being a party to one conversation it catches does not settle the privacy question. The device captures everyone in the place. Violating the privacy law is a misdemeanor, and the court can order the recording destroyed.

Your child's calls

A call between your child and the other parent is one you are not part of. The one-party rule does not cover you.

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. Hawaii has not clearly settled this, so get advice first.

Public places

A busy car park is different from a home, but public location does not answer every question. HRS 711-1111 can reach a device outside a private place if it captures sounds originating inside that place that are not ordinarily audible or comprehensible outside.

A handover on a doorstep can also be harder to classify. If you are part of the conversation and use no hidden device, you are on the simpler footing, but the exact setting still matters.

What a Hawaii court is weighing

Hawaii decides custody on the child's best interests. The factors include each parent's cooperation in developing a parenting plan and supporting the child's relationship with the other parent.

A hidden device can suggest the opposite of cooperation. A clear written record makes the same point without that risk.

What to keep instead

Write events down the same day, with the clock time, the words in quotation marks and who was present. Neither law applies to your own notes.

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

A Hawaii custody note with no device in the room

Hawaii restricts recording devices in private places. A written note needs no device. 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.
Say what kind of place it wasNote whether it happened in a home, a car or a public place.
Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Keep the Hawaii record that respects both laws

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 Hawaii lawyer.

Is Hawaii a one-party consent state?

For its eavesdropping law, generally yes. HRS 803-42 lets a party record a conversation, subject to its private-place/device proviso. HRS 711-1111 separately restricts recording devices in or aimed into a private place.

Can I put a recorder in my ex's home in Hawaii?

HRS 803-42 and HRS 711-1111 both create risks for a device in a private place without the consent of those entitled to privacy there. Do not do it without advice.

What is the penalty for illegal recording in Hawaii?

Breaking the eavesdropping law is a felony, with up to five years in prison and a $10,000 fine. Violation of privacy in the second degree is a misdemeanor.

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

That is a conversation you are not part of. Vicarious consent is not clearly settled in Hawaii, so take advice first.

Do I have to tell my co-parent I am recording in Hawaii?

Not for a conversation you are part of under the eavesdropping law when your purpose is lawful. A hidden device in a private place raises a separate question.

Sources

This page describes Hawaii Revised Statutes 803-42 and 711-1111, with context from the Reporters Committee for Freedom of the Press. It explains the law and is not legal advice.

HRS 803-42 — interception prohibited, and the party exemption checked September 2026
HRS 711-1111 — violation of privacy in the second degree, devices in a private place checked September 2026
Reporters Committee for Freedom of the Press — Hawaii recording guide and penalties checked September 2026
Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked September 2026