Can I record my co-parent in Oregon?

Two rules, depending on the channel

Oregon treats calls and other conversations differently. That surprises parents who have read a one-line summary.

For a telephone call, one participant's consent is enough, and that can be you. For a conversation in the same room, on the doorstep or by video, everyone must be told, subject to limited statutory exceptions. The same words can be lawful to record on the phone and unlawful in a video or in-person conversation.

The in-person and video rule

ORS 165.540(1)(c) bars obtaining a conversation unless "all participants in the conversation are specifically informed that their conversation is being obtained". Oregon's definition of "conversation" includes video-conferencing programs.

The statute does not define "specifically informed", and the Ninth Circuit noted that case law is sparse. Do not assume that a visible phone or camera is enough. An explicit warning before recording is the safer course.

The rule survived a court challenge

In 2023, a three-judge panel of the Ninth Circuit held the notice rule unconstitutional as applied to some public recording. Many online guides still repeat that result.

The full court then reheard the case. In Project Veritas v. Schmidt (2025), the en banc court held the statute was content-neutral, found that it survived intermediate scrutiny, rejected the challenge and affirmed dismissal of the complaint. The notice rule stands.

Phone calls

For telecommunications, Oregon needs the consent of one participant. So recording your own call with the other parent is generally lawful.

Recording a call between the other parent and someone else is not. Neither is using an app to capture their calls or messages. The person recorded can also sue for damages.

The exceptions for open recording

Oregon allows an unconcealed recording device at public or semipublic events, such as hearings and meetings. It also allows open recording of private meetings where everyone knew, or reasonably should have known, about the recording.

A handover is rarely a public meeting. The safer reading is simple: if you want to record in person, say so clearly first.

The penalty

Breaking the notice rule is a Class A misdemeanor under ORS 165.540. So is recording a phone call without any participant's consent.

A misdemeanor still leaves a criminal record. In a custody case, it also hands the other parent an argument about your judgment.

Your child's calls

A call between your child and the other parent is one you are not part of. The one-participant rule for calls 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. Oregon has not clearly settled this, so get advice first.

What to keep instead

Write events down the same day, with the clock time, the words in quotation marks and who was present. Oregon's informed rule does not apply to your own notes.

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

An Oregon parenting-time note that records how you spoke

Oregon's rule depends on whether you were on the phone or face to face. A written note works for both. 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.
• Say whether it was a call or in personNote the channel, and if you told anyone you were recording, write down the exact words.
• Point at the corroborationName the message, receipt, school note or third party that supports the entry, and say where it is kept.

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

Both, depending on the channel. A phone call needs one participant's consent. An in-person or video conversation needs all participants to be specifically informed under ORS 165.540(1)(c), subject to limited statutory exceptions.

Was Oregon's in-person recording law struck down?

A 2023 panel decision said so, but the full Ninth Circuit reheard the case. In Project Veritas v. Schmidt (2025), the en banc court upheld the statute.

Can I record a handover in Oregon if I tell the other parent?

The in-person rule is met when all participants are specifically informed that the conversation is being recorded. Say it clearly at the start, and keep a note of what you said.

What is the penalty for illegal recording in Oregon?

Recording in breach of ORS 165.540 is punishable as a misdemeanor. The person recorded may also bring a civil claim.

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

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

Sources

This page describes ORS 165.540 and the Ninth Circuit's en banc decision in Project Veritas v. Schmidt (2025), which quotes the statute. It explains the law and is not legal advice.

• ORS 165.540 — obtaining the contents of communications, including the specifically informed rule checked September 2026
• Project Veritas v. Schmidt (9th Cir. 2025) (en banc) — the in-person rule upheld checked September 2026
• Reporters Committee for Freedom of the Press — Oregon recording guide (written before the 2025 en banc decision) checked September 2026
• Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked September 2026

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