Is a recorded phone conversation admissible in a family court case in AZ?

Under AZ law, at least one of the parties being recorded must be aware that the conversation is being recorded. Taping a conversation between two people where neither knows about the conversation being recorded is illegal, inadmisable and even potentially prosecutable . One more really good arguement for using an attorney for legal matters!

I concur with my colleague. However, if the call was across state lines then Federal laws and the law of the other state may apply and be less clear cut. If the parties are the children's parents then it could be said that the recording parent gave vicarious consent for the child if the parent has a good faith objectively reasonable basis for believing it was necessary and in the best interest of the child to record. I also caution about the recording of conversations in general because often times these recorded conversations end up being more of a burden than benefit. They may have to be disclosed whether or not they are helpful. And depending upon the age of the child, it is a good way to get them angry once they learn they were being clandestinely recorded.

I agree with the Attorney's responses above. It is very difficult to get that type of evidence in. The individual would essentially have to show, under what is called the vicarious consent doctrine, that the parent had a good faith and objectively reasonable basis for recording the child AND that such a recording was in the best interest of the child. (See Arizona v. Morrison, 203 Ariz. 489 (Ariz. App. 2002)). I would presume, in most situations, that this evidence would be inadmissable, and the individual who records the child could be sanctioned or even prosecuted, as Mr. Sampair indicates. I would recommend speaking with an attorney regarding the factual scenario of your particular case.