Sandy, OR asked in Family Law for Oregon

Q: Is it illegal to video record my attempt at picking up my son in Oregon?

My son's mother has informed me via email that I cannot record her or our son at any time. I am being denied parenting time and want to record my attempt at picking him up so it is documented for use in court. We both live in Oregon. I would be attempting to pick him up from her home.

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2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Beaverton, OR
  • Licensed in Oregon

A: Ordinarily, you cannot audio record someone in person unless they consent. In Oregon, only one party to a telephone conversation within Oregon needs to consent to the recording, and that is the person recording. If the in-person audio recording is made from a public location, such as a sidewalk, and it is obvious that the recording is being made, you are free to record her actions and statements that are in plain view from a public location, just as she is free to leave so she is no longer accessible from a public location. You may not enter and record her in her home or in other areas not accessible and open to the public without her express permission. Even so, there are better ways to address this common dispute. First, try to communicate in writing with mother to determine why she won't allow you to have parenting time. There may be some legitimate, temporary reason. You are the parents of the boy, and you should try to work out a compromise, either directly or with a mediator or counselor, so that your son can see that even though you live separate and apart, you still are able to solve problems by working together, and that you are willing to work together because you both love him.

Joanne Reisman
Joanne Reisman
Answered
  • Portland, OR
  • Licensed in Oregon

A: So don't record her. Bring a neutral witness who can testify. Better yet, do the pick up at a location that has security cameras and arrange with the business owner to get a copy of the security tape. There may or may not be audio on the security camera. Or do both.

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