Global positioning system (GPS) technology has revolutionized the way that people travel. People no longer need to have maps in their vehicles or plan their routes carefully weeks in advance before a road trip. They simply need to have access to the internet to make use of GPS software and devices. GPS devices can also help people locate stolen vehicles and lost cell phones.
Unfortunately, most useful technology is also easy for people to abuse. That is certainly true of GPS devices and software. After parents divorce, one may maintain an unhealthy interest in the other’s social life and personal behavior. They might try installing GPS software on their children’s mobile devices or using tags with trackable devices inserted in them to know where their children are while they are in the custody of the other parent.
Is it legal for people to use GPS devices and software to track co-parents through their children?
Secret GPS tracking could be a crime
Trying to monitor a person’s location constantly is one of many forms of stalking. California state statutes treat inappropriate GPS tracking as an invasion of privacy. Generally speaking, people have to be aware of the existence of GPS tracking devices for them to be legal.
While parents can theoretically use software to track their children during their own parenting time, doing so without the awareness and consent of the other parent during their parenting time could be a crime. It also indicates a lack of trust that can be damaging to the co-parenting relationship.
People working out their custody arrangements may need to include provisions regarding GPS tracking based on their comfort levels and the types of misconduct they anticipate from their co-parent. In scenarios where one parent discovers the inappropriate use of tracking devices, they may need to go to court to modify the existing custody order and hold a co-parent accountable for their misconduct.
Discussing concerning behaviors – with a skilled legal team – that arise during co-parenting that may arise when newly separated parents share custody can help parents adequately protect themselves. Parents who plan carefully and know their rights can work to avoid difficult and potentially dangerous situations as they attempt to adjust to a new household dynamic.
