Custody documentation guide

Can I record my co-parent in Maine?

for a participant

Generally yes, if you are part of the conversation.

Maine's definition of intercept in 15 M.R.S. 709 excludes the sender or receiver. Intercepting others is a Class C crime under 15 M.R.S. 710. Presenting an edited recording in court without disclosing the changes is also a Class C crime.

Main statute: 15 M.R.S. § 710
Main caution: Class C crime to present an edited recording in court without disclosure

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Maine's law exempts the sender or receiver of a communication. Maine also has a rule that few states share. Presenting an edited recording in a court proceeding, without saying how it was changed, is a crime of its own.

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9:41Casewell

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Late pickup

11 June 2026 · 17:30 · Amelia

School pickup

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

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Casewell report.pdf

Your own conversations

Maine defines intercepting as hearing or recording a communication through a device. It then excludes three kinds of people.

They are the sender or receiver, anyone within normal unaided hearing, and anyone given prior authority by the sender or receiver. A parent recording their own call with the other parent is a receiver.

Within earshot

The second exclusion is unusual. 15 M.R.S. 709 excludes "a person within the range of normal unaided hearing".

So overhearing a conversation you can hear anyway is not an interception. That does not stretch to a device that picks up what you could not hear. A recorder in the next room is the device doing the hearing.

The edited recording offense

15 M.R.S. 710(2) is aimed squarely at court use. It is a Class C crime to present an edited or altered recording in court without "fully indicating the nature of the changes made".

That covers trimming a clip to the worst thirty seconds and presenting it as the whole call. Always keep the original file and say plainly what was cut.

What sits outside the exemptions

Intercepting a communication you are not part of is a Class C crime. So is knowingly disclosing or using the contents of an interception.

Maine also has a privacy law for places like bathrooms and changing rooms. There, recording sounds not normally audible outside needs the consent of all persons entitled to privacy. The person recorded can also sue under 15 M.R.S. 711.

Your child's calls

A call between your child and the other parent is one you are not part of. The sender-or-receiver exemption 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. Maine has not clearly settled this, so get advice first.

Why editing is tempting, and dangerous

Real calls are long and messy. Both parents usually sound worse than they would like.

The urge to cut a clip down is understandable. In Maine, presenting that clip in court without explaining the edits is a crime. A written note that summarises the whole call avoids the problem entirely.

What a Maine court is weighing

Maine allocates parental rights on the child's best interests. The factors include each parent's willingness to encourage the child's relationship with the other parent.

A clip that looks edited to embarrass can hurt 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. Mark anything you are paraphrasing.

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

A Maine custody note that tells the whole story

Maine punishes edited recordings presented in court. A written note that covers the whole event avoids that. 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.
Summarise the whole exchangeWrite a line about how the conversation started and ended, not only the worst moment.
Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

Keep the Maine record that needs no editing

Casewell keeps your dated entries, the words you heard and the original 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 Maine lawyer.

Is Maine a one-party consent state?

Yes. 15 M.R.S. 709 excludes the sender or receiver of a communication, and anyone they authorize, from the definition of intercept.

Can I use an edited recording in a Maine custody case?

Presenting an edited or altered recording in a judicial proceeding without fully indicating the changes is a Class C crime under 15 M.R.S. 710(2). Keep the original and disclose any edits.

What is the penalty for illegal recording in Maine?

Intercepting, disclosing or using an interception is a Class C crime under 15 M.R.S. 710. The person recorded can also sue.

Is overhearing a conversation illegal in Maine?

Not if you are within the range of normal unaided hearing. The law is about using a device to hear or record what you otherwise could not.

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

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

Sources

This page quotes Maine Revised Statutes Title 15, sections 709 and 710, from the Maine Legislature's official site. It explains the law and is not legal advice.

15 M.R.S. 709 — definition of intercept, excluding the sender, receiver and anyone within normal hearing checked September 2026
15 M.R.S. 710 — interception, disclosure and presenting edited recordings in judicial proceedings checked September 2026
15 M.R.S. 711 — civil remedy for unlawful interception checked September 2026
Reporters Committee for Freedom of the Press — Maine recording guide, private places and civil damages 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