Divorce and shared custody can bring out the worst in some people. Parents may use their children as weapons. They may become incredibly pedantic, refusing to compromise on any aspect of the current parenting schedule.
In some cases, their behavior may become erratic and even threatening. Technological advances have enhanced access to information about other people and therefore the opportunity to stalk, harass and intimidate others.
A parent who shares custody generally has to accept that they do not control what happens when the children are with their other parent. However, some parents refused to give up control. They may even try to use the children as a means of tracking the other parents.
Can one parent use global positioning system (GPS) apps or devices to track the children during the other parent’s time?
Unauthorized tracking is potentially a crime
As a general rule, parents can use GPS software or specialized devices to track their children. They may activate apps on a mobile phone that show them their children’s locations in real time if they let them walk home from school, for example.
Such software allows parents to act quickly if their children end up in a location where they should not be. GPS tracking also makes it possible to recover lost devices when the children are forgetful and leave expensive items in random locations. Parents can potentially agree to the use of certain GPS and software or devices in a shared custody scenario.
However, hidden tracking using the children could constitute a violation of the law. New York passed a bill creating a new criminal statute more than a decade ago identifying furtive and non-consensual GPS tracking as a form of domestic violence. If one parent tracks the other using the children’s devices, their actions could open them up to legal scrutiny.
Understanding what types of conduct are inappropriate in a co-parenting relationship can help parents protect themselves and their children. While parents can agree to use GPS tracking for the safety and overall well-being of their children, they should not abuse such systems as a means of exerting control over one another. Overtly abusive or illegal behavior could influence how the courts resolve custody disputes or could provide the basis for a modification request.
