Can custody mandate GPS tagging during intercity travel?

In custody arrangements where children travel between parents' homes in different cities or regions, ensuring their safety and well-being during travel is often a priority. Some parents may feel more comfortable or secure knowing that their child's movements are being monitored during intercity travel, especially when the journey involves long distances, multiple modes of transport, or significant logistical complexity. In such cases, a custody agreement might stipulate the use of GPS tracking or tagging to monitor the child's travel.

While GPS tracking can provide valuable peace of mind for parents, it also raises important concerns regarding privacy, autonomy, and the potential for overreach in parental control. This balance of safety versus privacy must be carefully considered when determining if such a provision can be included in a custody agreement.

How GPS Tagging Could Be Incorporated Into Custody Arrangements

Mutual Agreement Between Parents

• For GPS tagging to be part of a custody plan, both parents must agree that it is necessary for the child's safety. This can be discussed in detail during custody negotiations, with the parents agreeing on when and how GPS tracking will be used. It could be limited to specific circumstances, such as during long-distance travel or when the child is traveling alone.

Monitoring for Safety During Travel

• GPS tagging could be mandated specifically during travel between cities or states, particularly when the child is flying or traveling by bus or train. The technology can track the child's route, ensuring that they are following the planned journey and that they remain safe during transit.

Use of GPS Tracking Devices

• A GPS tracking device could be placed in the child’s personal belongings, such as a phone, smartwatch, or a dedicated tracking device. This device would enable the custodial parent to monitor the child’s location in real time via an app or website. This solution is often less intrusive than traditional forms of surveillance and can be done with the child's knowledge and consent, depending on their age.

Specific Conditions and Limits

• The agreement could specify that GPS tracking is only used during travel between parents’ homes and for specific periods (e.g., during flight, while in transit between cities, or until the child arrives safely). The use of GPS tagging may be restricted for certain travel circumstances, such as when the child is with a trusted adult or family member, or during short trips where the child’s safety isn’t a concern.

Transparent Communication and Consent

• The child, depending on their age and understanding, should be made aware of the GPS tracking arrangement, as well as the reasons behind it. This transparent communication helps maintain trust between the child and parents while ensuring that safety is prioritized.

Benefits of Mandating GPS Tagging for Intercity Travel

Increased Child Safety

• The primary benefit of GPS tracking during travel is the assurance that the child’s movements can be monitored in real-time. This can help parents stay informed about the child’s whereabouts and intervene if something unexpected occurs, such as missed transportation or changes in the planned route.

Peace of Mind for Parents

• For parents, particularly in high-conflict or long-distance custody arrangements, GPS tracking provides peace of mind that the child is traveling safely and as planned. It helps reduce anxiety about potential delays, missed connections, or unsafe travel conditions.

Accountability and Responsibility

• GPS tracking helps hold both parents and any third-party caretakers accountable for the child’s well-being during travel. This is particularly relevant in situations where one parent might be concerned about the other’s handling of the child during travel.

Real-Time Communication

• In addition to tracking, GPS-enabled devices often allow for communication in real-time, allowing the child to check in with the parent and vice versa. This feature helps maintain connection and support during travel, especially during longer trips or when the child is traveling alone.

Resolution of Disputes

• In cases of disputes regarding the child’s whereabouts or safety, GPS tracking can provide objective, verifiable data about the child's journey. This can be particularly helpful if a parent is concerned that the child is being mishandled during travel or not arriving as expected.

Potential Challenges and Concerns of Mandating GPS Tagging

Privacy and Autonomy

• A key concern with GPS tagging is the potential violation of the child’s privacy and autonomy, especially as they grow older. Constant monitoring might feel intrusive to a child and could potentially harm the parent-child relationship if not handled sensitively.

Over-Parenting or Control

• Some parents may perceive GPS tagging as an overstep in control, particularly if they feel the tracking is unnecessary. This could lead to tension between parents, especially if one feels the other is too controlling in their approach to the child’s safety.

Consent from the Child

• For older children, particularly teenagers, GPS tracking may not be welcomed, and they might feel uncomfortable or resentful about being monitored. Ensuring that the child understands why the tracking is being implemented and agreeing to it voluntarily (when possible) can help mitigate such concerns.

Technical Issues and Reliability

• GPS tracking relies on technology that can sometimes fail, either due to a weak signal, battery issues, or technical malfunctions. Parents may be concerned if the device doesn’t work as expected, leading to potential safety concerns or misunderstandings.

Cost and Logistics

• There can be costs associated with purchasing and maintaining GPS devices or apps for tracking. Additionally, some devices require regular charging or monitoring, which could be burdensome for one parent to manage alone. A fair agreement should ensure that both parents share these responsibilities.

Legal Considerations and Guidelines

Best Interests of the Child

• Any decision to implement GPS tracking should prioritize the child's best interests. Courts will generally support any measures that enhance the child’s safety, but they will also consider whether such tracking is necessary, proportional, and in line with the child’s emotional and developmental needs.

Parental Rights and Consent

• In shared custody situations, both parents have the right to make decisions about the child’s safety and well-being. If GPS tracking is included in a custody agreement, both parents should be in agreement on the device used and the specific circumstances under which it will be implemented.

Court Approval

• If one parent disagrees with the use of GPS tracking, they may challenge it in court. A judge would need to weigh the necessity of the tracking against potential privacy concerns and the child’s best interests. If the court agrees that GPS tagging is in the best interest of the child, it may approve the provision.

Parental Communication

• Clear communication between parents is crucial for the smooth implementation of GPS tagging. The custody agreement should outline the expectations for when and how the device will be used, as well as any communication protocol regarding the child's safety and travel status.

Example

Sophia and David share custody of their 10-year-old son, Ethan, who travels between their homes in two different cities. Given the long distance and the frequency of flights, Sophia is concerned about Ethan’s safety during travel and requests that they use GPS tracking for each journey. David agrees, and they both agree on using a child-friendly GPS tracker that will be placed in Ethan’s backpack during the trips.

Steps to Implement GPS Tagging During Ethan’s Intercity Travel:

• Device Selection: Sophia and David choose a GPS tracker that is small, discreet, and designed for children. It is easy for Ethan to carry, and both parents can monitor his location in real-time.
• Setting Expectations: They discuss the tracking arrangement with Ethan, explaining that it’s for his safety and ensuring that he understands how it works.
• Monitoring Travel: On the day of travel, both parents monitor Ethan’s journey through the GPS app, receiving updates on his location as he moves between the airport, his connecting flights, and finally arrives at the other parent’s home.
• Sharing Information: If there are any delays or changes to Ethan’s flight, both parents receive notifications and communicate with each other, ensuring that any potential issues are handled promptly.
• Regular Check-ins: After each trip, Sophia and David review how the GPS tracking worked, discussing any potential improvements and agreeing to continue using the device for future intercity travel.

Incorporating GPS tagging into a custody agreement for intercity travel can provide parents with peace of mind regarding their child's safety. However, it requires careful consideration of privacy, consent, and mutual agreement to ensure that both parents are comfortable with the arrangement, and that it genuinely benefits the child's well-being.