Pros and Cons to Surveillance in Family Legal Matters

As technology rapidly advances and becomes more sophisticated, attorneys, litigants and the courts must grapple with the use of modern surveillance in the context of litigation in family matters. Surveillance can be useful in some situations, and litigants often resort to surveillance of their spouse to gather what they perceive to be valuable evidence. That evidence, whether it be video footage, recorded telephone calls, GPS tracking, digital copies of hard drives or other forms of surveillance, may be used at trial or simply to gain leverage in settlement negotiations. Nevertheless, this type of activity does not come without risk.

This article explores three surveillance techniques and analyzes the risks and rewards of each.

Phone Recordings

It is easy to record a telephone call, whether it be through an application on a cell phone or an easily disguised device. Since recording devices are readily available, a client may resort to this option to gain evidence for litigation without involving a professional. However, a client could easily violate a law prohibiting the recording.

Video Surveillance

Video surveillance can be tremendously helpful in certain actions. For example, when a payor suspects that their ex-spouse is cohabitating, surveillance may be necessary to confirm the cohabitation and support an application to modify or terminate alimony.

GPS Tracking

The technology behind Global Positioning Systems (GPS) advanced exponentially in recent years, making it accessible to expert investigators and lay people alike. Devices have become cheap, small, sophisticated and difficult to detect.    (New Jersey Law Journal (July 12, 2018)
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