No general state wiretap statute
The Reporters Committee notes there are "no specific laws in Vermont" addressing the recording of ordinary in-person, telephone or electronic conversations.
Parents sometimes read that as permission to record anything. It is not. Federal law fills the audio-interception gap, and Vermont also has a separate privacy statute for undisclosed recording in a home or residence.
The federal rule
The federal wiretap law, 18 U.S.C. 2511, bans intercepting wire, oral and electronic communications. Subsection (2)(d) then allows a person to record a conversation they are part of.
The exemption ends if the recording is made for a criminal or tortious purpose. A tortious act is a civil wrong, such as invasion of privacy.
What federal law forbids
Recording a conversation you are not part of, with no party's consent, is a federal crime. It can carry up to five years in prison.
That covers a recorder hidden in the other parent's home or car. It also covers spyware on their phone, or intercepting their messages.
The federal civil claim
Federal law lets the person recorded sue under 18 U.S.C. 2520. They can claim the greater of actual damages plus profits, or $100 a day of violation or $10,000.
Punitive damages and legal fees can be added. That is a larger minimum than many state statutes.
A separate home-privacy statute
13 V.S.A. § 2605 separately prohibits intentionally recording a person without that person's knowledge and consent. The rule applies when the person is in a home or residence where there is a reasonable expectation of privacy. A first offense can bring up to two years in prison or a $1,000 fine; repeat offenses can bring up to three years or a $5,000 fine.
That rule is separate from federal audio-interception law. A recording may satisfy federal one-party consent and still create a Vermont privacy problem in a home.
Your child's calls
A call between your child and the other parent is one you are not part of. The federal party exemption does not cover you.
Some federal courts accept vicarious consent under Pollock v. Pollock. That needs a genuine, reasonable belief that recording is necessary for the child's welfare. Vermont courts have not clearly settled how it applies there, so take advice first.
What a Vermont court is weighing
Vermont decides parental rights and responsibilities on the child's best interests. The factors include each parent's ability to foster a positive 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.
A call log for custody records keeps calls in order. A factual incident report covers single events. Take both to a Vermont family lawyer.
A Vermont parental-rights note that needs no statute
Vermont relies on federal law for recording. A written note needs neither. Write it the same day.
Keep the Vermont record that stands on its own
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 Vermont lawyer.
Is Vermont a one-party consent state?
Vermont has no general state wiretap statute for ordinary conversations, so federal law applies to audio interception. Federal law lets a party to a conversation record it, unless the purpose is criminal or tortious. Vermont's separate home-privacy statute can still apply.
Is it legal to record anything in Vermont because there is no state law?
No. Federal wiretap law still bans recording conversations you are not part of without a party's consent. Vermont's separate privacy statute also restricts undisclosed recording in a home or residence.
What is the penalty for illegal recording in Vermont?
Under federal law, unlawful interception can carry up to five years in prison. Vermont's home-privacy statute can also carry up to two years for a first offense, and the person recorded can sue under 18 U.S.C. 2520.
Can I record my child's calls with their other parent in Vermont?
That is a conversation you are not part of. Vicarious consent is not clearly settled for Vermont, so speak to a lawyer first.
Do I have to tell my co-parent I am recording in Vermont?
For an ordinary audio call you are part of and a lawful purpose, federal one-party law does not require notice. Vermont's separate home-privacy statute can still matter, so the setting is important.
Sources
This page describes the federal wiretap statutes, 18 U.S.C. 2511 and 2520, and Vermont's separate home-privacy statute, 13 V.S.A. § 2605. It explains the law and is not legal advice.
- 18 U.S.C. 2511(2)(d) — the federal one-party consent floor and its criminal-or-tortious-purpose proviso checked
- 18 U.S.C. 2520 — federal civil damages for unlawful interception checked
- 13 V.S.A. § 2605 — Vermont privacy statute covering undisclosed recording in a home or residence checked
- Reporters Committee for Freedom of the Press — Vermont recording guide, noting no specific state law checked
- Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998) — the vicarious consent doctrine checked