A US congressman is fighting allegations that he used Meta smart glasses to secretly record his ex-wife's lawyers during a court hearing. Rep. Max Miller has filed a sworn denial after his ex-wife's legal team raised concerns that the wearable camera in his glasses was capturing their conversations in a July custody hearing.
It's the latest twist in a bitter custody battle — and a warning for every co-parent about recording, evidence, and technology in family court.
What Happened
Emily Moreno's attorneys raised concerns that Miller — who was wearing Meta smart glasses at a July custody hearing — may have secretly recorded lawyers' conversations and court proceedings. Miller filed a sworn denial on September 1, 2026, saying he did not use the glasses' recording function. The dispute is now one more battleground in an already bitter custody and abuse-allegation case.
Whether or not the specific allegation is true, the case highlights three realities every co-parent should know:
- Courtrooms and lawyers' offices are protected spaces. In England and Wales, recording court proceedings without permission is a contempt of court (Section 9, Contempt of Court Act 1981) — even a phone left recording in a pocket can breach it.
- Secret recordings rarely help the recorder. Judges see attempts to catch the other parent "in the act" as aggressive and often rule the recordings inadmissible or counterproductive.
- Wearable cameras are everywhere now. Smart glasses, watches, and even doorbell cameras record continuously — and courts are increasingly asked to rule on what that footage shows.
Recording Your Co-Parent: What's Legal in the UK
Recording conversations you're part of (for example, a phone call with your co-parent) is generally not a criminal offence in the UK. But family courts take a dim view of covert recordings, and they can backfire badly:
- Admissibility is the court's call. A judge can refuse to admit a recording, or admit it and draw negative conclusions about the person who made it.
- DPA concerns. Recording and keeping audio of another person involves processing their personal data under UK GDPR; using it in ways they didn't consent to can raise data-protection issues.
- Recording your child is different. There are stricter rules around recording children, and doing so against the other parent's wishes can look manipulative.
The principle that wins in court is not more recording — it's neutral documentation: what was agreed, what was said, what happened at handover, on a channel neither parent can rewrite.
What Actually Helps in a Dispute
- Non-editable messaging. A co-parenting app that stores messages exactly as sent, timestamped, is far stronger evidence than a secret recording — because it shows both sides of the conversation.
- A shared calendar. Handover times, holiday schedules, and school events logged in one place show the pattern of co-operation (or its absence).
- Expense records. Who paid what, when, and who still owes — settled calmly and transparently, not argued about in front of a judge.
- Prompt, calm responses. If you must communicate about a dispute, do it in the documented channel, keep it brief and child-focused, and don't rise to provocation.
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Get Larkling FreeFrequently Asked Questions
Is it illegal to record my co-parent?
In the UK, recording a conversation you're part of is not automatically a crime, but using it in family proceedings is risky: judges can exclude it, and covert recording often damages the recorder's credibility. Recording court proceedings is a contempt of court under Section 9 of the Contempt of Court Act 1981 unless the judge allows it.
Can I record a custody hearing?
No — not without the court's permission. In England and Wales, recording proceedings in a court building without authorisation is a criminal contempt. This includes phones, smart glasses, and any other device. If you believe a recording is necessary, ask your solicitor to request permission from the judge in advance.
Are smart glasses allowed in court?
Courts generally expect all recording-capable devices — including smart glasses and smartwatches — to be off or surrendered. If you attend a hearing wearing a device that records, tell the court usher or your solicitor beforehand. The Max Miller case shows exactly why courts treat wearable cameras seriously.
What's better than recording my co-parent?
A documented communication channel. Non-editable, timestamped messages from a co-parenting app show the full conversation — both sides — and courts accept them as reliable records. See our guide on making co-parenting records court-ready.
Can I use a voice memo of my co-parent as evidence?
Maybe — but expect the court to scrutinise how it was obtained, whether it was edited, and why you recorded secretly rather than raising the issue in your documented channel. Secret recordings are frequently excluded or backfire on the recorder. A timestamped message history is stronger evidence and doesn't carry the same credibility risk.