Many of the smart phones and electronic devices sold today employ technology that allows the device to be tracked electronically. As we discussed previously in this Blog, this technology has many implications in matrimonial cases. This technology also has many implications when dealing with children.
Your child’s iPhone, iPad, MacBook and even their iPod, can be tracked electronically on the iCloud. Practically speaking, this technology makes a lot of sense since kids seem to be more likely to lose these devices or to have them stolen. More than once my own family has used this technology to find a phone or iPod that was left where it did not belong.
This technology also allows a parent to track their child with the device, not just the device itself. Now concerned parents to can see if their children are where they are supposed to be. Are they at the house of the friend where they say they will be, or across town, or even next door, where they are not supposed to be? Just check the iCloud, look for their phone or iPod, and you can see where they are within a few yards.
This technology also allows a parent to track their child through their device while that child is with the other parent. This raises some significant issues and questions. Now one party essentially can see if the other parent is traveling with their child, if they are getting them to events on time, if they are visiting places they are supposed to or taking the child to places they are not supposed to visit.
I am yet to see this play out in a custody case, but it is only a matter of time. The way that email, text messages and Facebook have become common in these types of cases clearly shows that the technology that has stormed into our lives eventually overflows into our disputes and our litigation. This is one obvious way in which I can see it progressing. I am sure that there will be more.