My ex's lawyer is threatening with all kinds of action if I do not desist from recording handovers with the children. Apparently it is causing the children distress. However, if you were to view the recordings, you will see no such signs of it.
In a nutshell, my ex has embarked on a gender biased tactic of claiming domestic abuse (psychological, including coercive controlling behaviour). At each turn through court etc this has been dismissed. The pattern is escalating though, and I was arrested for an alleged common assault that left no Mark or no injury. Subsequently dropped with no evidence of such.
I am now recording handovers with the children to prevent any ambiguity, and for my own safety. When doing so, I'm remaining outside our jointly owned property. Effectively using my phone as a body cam. My view is that since the recordings, the only distress being caused is that my ex can no longer claim things were said or done that didn't happen, therefore preventing her from painting the fictional picture of our separation that she believes will win her favour (gender bias is real).
My question is - what is my legal position on recording the handovers?
You would not be breaching any law (as far as I am aware) if you are making recordings for your own personal use. Provided that there is no risk of significant harm to your children during the recording and the recording is made for the purpose of providing proof of the truth, I would say there is a good argument in favour of recording handovers to establish a factual record of events and the truth. But only if it is necessary to record such meetings/handovers, as opposed to recording meetings/handovers to antagonise the other parent.
The court would control the subsequent use of such recordings should you need to submit them as evidence.
I know some parents who wear actual bodycams during handovers, and doing so has helped reduce the abuse and hostility during handovers.