One party, and you can be it
Louisiana needs the consent of one person in the conversation. If you are on the call, your consent is enough.
So a parent recording their own call with the other parent is generally lawful. The exemption ends if the recording is made to commit a criminal or tortious act. A tortious act is a civil wrong, such as invasion of privacy.
The penalty is heavy
La. R.S. 15:1303 sets a penalty that stands out. A violation can bring a fine of up to $10,000 and imprisonment at hard labor for two to ten years.
That applies to recording outside the exemption. Typical examples are a call you are not on, spyware on the other parent's phone, or a device left in an empty room.
Unlawful recordings can be excluded
Louisiana also has an evidence rule in La. R.S. 15:1307. Contents intercepted in breach of the Act can be kept out of court proceedings.
So an unlawful recording may not help your case at all. It can, however, show the court that you broke the law.
A Louisiana custody case on a child's calls
In Smith v. Smith (La. App. 1 Cir. 2005), a father recorded a conversation between the mother and their child in his home. The mother argued it was intercepted in breach of Section 15:1303 and inadmissible under 15:1307.
The court looked at federal and other state vicarious-consent cases. It said they were not binding but were persuasive, and held the recording lawful under the party-consent exception on the specific facts before it. The child was living with the father, and the record included evidence that the mother was undermining the child's relationship with him. The court found no abuse of discretion and affirmed the custody judgment.
What that case does not decide
Smith does not make every recording of a child's call lawful. Vicarious consent depends on a genuine, reasonable belief that recording is necessary for the child's welfare.
That standard comes from cases like Pollock v. Pollock. A wish to catch the other parent out does not meet it. Speak to a Louisiana lawyer before recording anything involving your child.
In-person conversations
For face-to-face talk, Louisiana protects oral communications where the speaker expects privacy. A quiet talk at a doorstep will usually qualify.
A shouted exchange in a busy car park may not. That line is drawn later by a judge. If you are part of the conversation, the one-party rule is the simpler footing.
What a Louisiana court is weighing
Louisiana decides custody under the best-interest factors in Civil Code article 134. One asks about each parent's willingness to encourage a close relationship with the other parent.
A lawful recording can still count against you there. A clear written record carries the same facts 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.
Keep schedule messages in a dated communication record. Keep calls and voicemails in a call log for custody records. Then take them to a Louisiana family lawyer.
A Louisiana custody note that keeps you clear of the Act
Louisiana's penalty for a bad recording is severe. A written note carries none of that. Write it the same day.
Keep the Louisiana record that stays on the right side
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 Louisiana lawyer.
Is Louisiana a one-party consent state?
Yes. La. R.S. 15:1303 lets a party to a conversation record it, unless the recording is made for a criminal or tortious purpose.
What is the penalty for illegal recording in Louisiana?
A violation of La. R.S. 15:1303 can bring a fine of up to $10,000 and two to ten years at hard labor.
Can an illegal recording be used in a Louisiana custody case?
La. R.S. 15:1307 can keep unlawfully intercepted contents out of evidence. Ask your lawyer before relying on any recording.
Can I record my child's calls with their other parent in Louisiana?
Smith v. Smith treated vicarious consent cases as persuasive in a custody dispute. The belief that recording is needed for the child must be genuine, so take advice first.
Do I have to tell my co-parent I am recording in Louisiana?
Not when you are one of the people talking and your purpose is lawful. Whether it helps your case is a separate question.
Sources
This page describes Louisiana's Electronic Surveillance Act, La. R.S. 15:1303 and 15:1307, and the First Circuit decision in Smith v. Smith. It explains the law and is not legal advice.
- La. R.S. 15:1303 โ interception and disclosure, penalties, and the party exemption checked
- La. R.S. 15:1307 โ contents and evidence derived from unlawful interceptions checked
- Smith v. Smith, 923 So. 2d 732 (La. App. 1 Cir. 2005) โ a parent's recording of a child's conversation in a custody case checked
- Reporters Committee for Freedom of the Press โ Louisiana recording guide and penalties checked
- Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) โ the vicarious consent doctrine checked
- 18 U.S.C. 2511(2)(d) โ the federal one-party consent floor and its criminal-or-tortious-purpose proviso checked