Can I record my co-parent in Idaho?

One party, and you can be it

Idaho needs the consent of one person in the conversation. When you are on the call, you have given it.

So recording your own call with the other parent is generally lawful. You do not need to warn them first.

The statute

Idaho Code 18-6702 makes interception a felony. Subsection (2)(d) then allows interception where the person is a party, or where a party has given prior consent.

The penalty for crossing the line is up to five years in prison and a fine of up to $5,000.

The Hensley case

In State v. Hensley (2008), a recording was made during a custody dispute involving the defendant's daughter and the child's biological mother. The defendant's wife made the recording; the defendant then tried to use it in his criminal case.

At trial, the court excluded it. On appeal, the Idaho Supreme Court found no error and declined to decide whether a parent may ever vicariously consent for a child.

What that leaves parents with

Vicarious consent is the idea that a parent may consent for a young child. It comes from cases like Pollock v. Pollock.

Idaho's highest court has seen the argument and chosen not to answer it. So a parent recording a child's calls in Idaho is relying on an open question. The recording may also be kept out, as it was in Hensley.

What sits outside the exemption

Recording a conversation you are not part of, with no party's consent, is the clear risk. So is spyware on the other parent's phone, or a device left in their car.

The person recorded can sue under Idaho Code 18-6709 for actual and punitive damages. Legal fees and costs can be added.

In-person conversations

For face-to-face talk, Idaho protects oral communications where the speaker expects privacy. A quiet conversation at a doorstep will usually qualify.

A shouted exchange in a busy car park may not. If you are part of the conversation, the one-party rule is the simpler footing.

What an Idaho court is weighing

Idaho decides custody on the child's best interests, and joint custody is presumed to be in their interest. Judges look at how each parent cooperates.

A lawful recording can still look like a parent collecting evidence. 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.

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

An Idaho custody note that leaves nothing open

Idaho has left the child-recording question open. A written note does not depend on it. Write it the same day.

Print checklist

• 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 your child's words as reportedWrite what your child said as reported speech, with the time, and do not question them again.
• Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Is Idaho a one-party consent state?

Yes. Idaho Code 18-6702(2)(d) allows recording by a party to the conversation, or with a party's prior consent.

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

In State v. Hensley, the Idaho Supreme Court declined to decide whether a parent may vicariously consent for a child. A recording involving the father's daughter was excluded. Take advice first.

What is the penalty for illegal recording in Idaho?

Unlawful interception under Idaho Code 18-6702 is a felony, with up to five years in prison and a fine of up to $5,000.

Can my ex sue me for recording them in Idaho?

If the recording broke the statute, yes. Idaho Code 18-6709 allows actual and punitive damages, plus legal fees and costs.

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

Not when you are one of the people talking. Whether it helps your case is a separate question.

Sources

This page describes Idaho Code 18-6702 and 18-6709 and the Idaho Supreme Court decision in State v. Hensley. It explains the law and is not legal advice.

• Idaho Code 18-6702 — interception prohibited, and the party exemption in (2)(d) checked September 2026
• Idaho Code 18-6709 — civil damages for unlawful interception checked September 2026
• State v. Hensley, 145 Idaho 852 (2008) — a recording involving a father's daughter was excluded, vicarious consent left open checked September 2026
• Reporters Committee for Freedom of the Press — Idaho recording guide, penalties and civil damages checked September 2026
• Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked September 2026

Keep reading

Related Casewell pages

Can I record my co-parent? State-by-state guide How to document call logs and voicemail in custody cases How to write a factual co-parenting incident report A custody journal app for calm, factual records Build a focused PDF from the records that matter Can I record my co-parent in West Virginia? Can I record my co-parent in Hawaii? Can I record my co-parent in New Hampshire? Can I record my co-parent in Maine? Can I record my co-parent in Montana? Can I record my co-parent in Rhode Island? Can I record my co-parent in Delaware?