Can Custody Include Rules on GPS Tracking During Travel?

In today's digital age, many parents are considering the use of GPS tracking devices or apps to monitor their child's whereabouts, especially during travel. While the intent is often to ensure safety, particularly during trips with the other parent or when the child is visiting new places, such measures can raise concerns about privacy and the balance of parental control. Custody agreements can, in some cases, include provisions related to GPS tracking, but it’s crucial to consider the child's age, developmental stage, and the potential effects on family dynamics.

Reasons Why GPS Tracking Might Be Included in Custody Agreements:

• Ensuring Safety During Travel: One of the primary reasons for including GPS tracking in a custody agreement is to ensure that the child is safe during travel, especially when the child is traveling alone or with one parent. Parents may feel more secure knowing they can track their child's location, especially if they are going to unfamiliar areas, engaging in potentially risky activities, or if the child is of an age where they may not yet be fully responsible for their whereabouts.
• Minimizing Communication Gaps: GPS tracking can also serve as a tool to bridge the communication gap between parents during trips. If the child is traveling with one parent, the non-traveling parent can feel reassured knowing the child’s location, which can be especially helpful in cases where communication with the child is difficult or sporadic.
• Preventing Abductions or Unsupervised Movement: In some custody situations, particularly where there have been concerns about child abduction or improper supervision, GPS tracking can be viewed as a safeguard to ensure the child is not taken outside agreed-upon boundaries or to places that are not safe or permitted by the custody arrangement.
• Peace of Mind for Both Parents: For co-parents who may have trust issues or different parenting styles, GPS tracking can serve as a neutral measure that reassures both parents. It can provide them with the peace of mind that the child is where they are supposed to be, and it can help address concerns if either parent feels uncomfortable with the child’s travel arrangements.
• Supporting Emergency Situations: In case of emergencies, knowing the child’s exact location can be critical. GPS tracking can help one or both parents locate the child quickly if necessary, such as in situations of getting lost or a sudden change of plans.

Potential Concerns and Drawbacks of GPS Tracking:

• Invasion of Privacy: One of the most significant concerns surrounding GPS tracking is the invasion of the child’s privacy. As children grow older, they may start to value their autonomy and desire some degree of independence. Being constantly monitored could lead to feelings of mistrust or resentment. Children might feel as though they are being treated as though they can't be trusted, which can harm their self-esteem and parent-child relationship.
• Erosion of Trust: If a child feels that their movements are being monitored all the time, it could erode the trust between the child and the parent. Trust is essential in a healthy parent-child relationship, and too much surveillance could create a feeling of control rather than care.
• Potential for Overuse or Abuse: The technology that allows GPS tracking is powerful, but it also comes with the potential for misuse. If one parent uses GPS tracking excessively or without the child's knowledge, it could cause unnecessary stress. This can become especially problematic if the child is not made aware of the tracking or if the tracking is used in ways that overstep agreed boundaries.
• Negative Impact on Social Independence: For older children, being tracked constantly may negatively impact their social independence. Teenagers, in particular, might feel embarrassed or undermined if they know their every move is being monitored. This can create tension in their relationship with their parents and can be a source of rebellion, especially if they feel that their privacy is being violated.
• Complicated Co-Parenting Dynamics: In co-parenting arrangements, having one parent track the child’s location during travel can create conflicts, particularly if the other parent is not consulted or does not agree with the level of monitoring. This could lead to disagreements and potentially exacerbate existing tension between parents, especially if the tracking is seen as an overreach or violation of agreed-upon parenting practices.

How GPS Tracking Could Be Included in Custody Agreements:

• Clear Rules on Usage: A custody agreement can specify when and how GPS tracking is to be used, such as only during travel between the two homes, or for certain activities or trips. The agreement can also outline the circumstances under which tracking may be initiated, such as when the child is going on a trip with one parent or traveling outside a certain area.
• Consent and Transparency: The agreement should include a clause that both parents consent to the GPS tracking. If the child is old enough, their consent should also be considered. Transparency is key—both parents and the child should be informed about when tracking will be used and for what purpose. This avoids creating feelings of secrecy or distrust.
• Time Limits and Boundaries: It’s important to set boundaries regarding how long GPS tracking will be active. For example, it might be active only during the child’s travel or only for certain hours (e.g., after school or during specific events). Tracking should not be ongoing or excessively invasive, as this could infringe on the child's privacy.
• Opt-Out or End of Tracking: The agreement could include an option to discontinue the GPS tracking once the child reaches a certain age, when they demonstrate responsibility, or after a specified amount of time. This would help transition the child to greater independence as they grow older.
• Use of Apps or Devices: The agreement should specify which tracking apps or devices are acceptable for use. Some parents may prefer using an app that sends real-time location updates, while others might opt for a device such as a smartwatch. The custody agreement should make clear the type of device or app used and ensure both parents are familiar with how it works.
• Emergency Situations Only: In some cases, parents might agree to use GPS tracking only in emergencies, such as if the child is lost or cannot be reached. This limits the monitoring to situations where safety is a concern, rather than constant surveillance.

Example:

Lisa and Tom share custody of their 14-year-old son, Jake. Lisa is concerned about Jake traveling between their homes, especially after he recently started attending weekend events far from home. They agree to include a clause in their custody agreement requiring the use of a GPS tracking app when Jake is traveling between their houses or when he is attending events outside his usual routine.

Steps Lisa and Tom take:

• They agree that the GPS tracking will only be active during travel times or when Jake is attending events that are not part of his usual schedule.
• Jake is informed about the tracking and is given the opportunity to ask questions. Both parents explain that it is for his safety and to ensure they can always reach him.
• The tracking app is set to send location updates to both parents, and they agree that it will not be used to monitor Jake’s every move.
• Lisa and Tom agree to discontinue the GPS tracking once Jake turns 16, assuming there have been no concerns about his safety or behavior.
• In case of emergencies, both parents agree to use the app to track Jake’s location to ensure his well-being.

Conclusion:

Including GPS tracking in a custody agreement can help ensure a child’s safety, particularly during travel or new situations. However, it must be handled carefully to avoid overstepping boundaries and violating the child’s privacy. It’s important to strike a balance between ensuring the child’s safety and respecting their autonomy, as well as maintaining a healthy co-parenting dynamic. Transparency, consent, and clear guidelines are key to making such an arrangement work smoothly for all parties involved.