Childs Smartwatch interfering with Visitation

[gilly7]

Jurisdiction

California

I'm not sure what to do about this situation or if there is anything I can do.

My ex wife insists on sending our daughter over to my house on the weekends with her Gizmo smart watch. for anyone that is not familiar with this device, its a kid friendly cell phone watch that has a few emergency contacts she can call, and others can call her. if she does not pickup, the watch automatically answers after 5 rings.

I have asked her to stop sending the watch for a few reasons. The first one being that our daughter is not mature enough to keep track of the expensive gadget and im worried it is going to be lost at my house, secondly i do not agree with that fact that my ex wife can call my daughter at any given time of the day or night. the last call she received on it was after 9pm when my daughter was already put to bed. I feel like this device is taking away my ability to raise my daughter the way i see fit during my time with her, not to mention I am not even an emergency contact on the watch. My daughter has always been allowed to call or receive calls from her mom during normal hours of the day so this feels like nothing more than an invasion of my privacy and an invasion of my visitation. She says i need to talk to her attorney about it. Is there anything I can do? Do i even have any ground to stand on here?

 

[mightymoose]

Simple solution- when she comes to visit you take the device and put it away. Return it when you take her back.
Problem solved.

Your ex has your number. It's the only one she needs.

 

[leslie82]

I'm not sure what to do about this situation or if there is anything I can do.

My ex wife insists on sending our daughter over to my house on the weekends with her Gizmo smart watch. for anyone that is not familiar with this device, its a kid friendly cell phone watch that has a few emergency contacts she can call, and others can call her. if she does not pickup, the watch automatically answers after 5 rings.

I have asked her to stop sending the watch for a few reasons. The first one being that our daughter is not mature enough to keep track of the expensive gadget and im worried it is going to be lost at my house, secondly i do not agree with that fact that my ex wife can call my daughter at any given time of the day or night. the last call she received on it was after 9pm when my daughter was already put to bed. I feel like this device is taking away my ability to raise my daughter the way i see fit during my time with her, not to mention I am not even an emergency contact on the watch. My daughter has always been allowed to call or receive calls from her mom during normal hours of the day so this feels like nothing more than an invasion of my privacy and an invasion of my visitation. She says i need to talk to her attorney about it. Is there anything I can do? Do i even have any ground to stand on here?

I'm wondering why you feel uncomfortable she can call your daughter at any time of the day or night when she's with you or anywhere.

When I was married to my ex husband, their daughter had a cell phone. Her mom called her on it when she was here. No one cared. Before she had the cell phone she called his phone and he just gave his kids the phone when he saw her name.

If my ex husband ever gets visitation I'd like to be able to get ahold of my daughter at any time if I needed to do so. No matter who my daughter is with I want to be able to get ahold of her or them at any point if I needed to for some reason.

Like someone else tell your ex when she's at your house, you're putting the watch up. If there's nothing in your custody order that says she has to have it on then there's not much she can do if you put it up. No one is monitoring you or controlling your parenting. I mean it's just a cell phone watch right? I don't see how it stops you from parenting.

 

[adjusterjack]

If my ex husband ever gets visitation I'd like to be able to get ahold of my daughter at any time if I needed to do so. No matter who my daughter is with I want to be able to get ahold of her or them at any point if I needed to for some reason.

So, you'd be happy with your ex doing that to you any time day or night? Sure.

 

[txls]

I agree with the Simple Solution.

 

[leslie82]

So, you'd be happy with your ex doing that to you any time day or night? Sure.

If there was something like a family emergency yes. But I don't have to worry about that in my case probably ever. His dumb ass is in prison right now, pending another charge and probably going to continue to be in and out of jail and/or rehab. Also he's had 3 years to get visitation and hasn't...so yeah. MY specific case is different than most.

I wouldn't just call my daughter to be an ass. I would want to be able to call her if there was some need to call her. She has medical issues...so yeah.

We let his ex wife call his kids at any time. She didn't call in the middle of night or all the time. No one cared.

 

[army judge]

If I had to endure these troublesome, quarrelsome circumstances, I'd rather the adult contacted me; before speaking to the the child.

 

[zddoodah]

Take it away when she gets to your house and give it back when she returns to mom's house. Problem solved.

It's worth pointing out, however, that you didn't tell us how old the child is.

 

[ElleMD]

If a watch is preventing you from parenting, you are doing it wrong.

Honestly, it just sounds like you need to communicate with your child's other parent. If you don't want calls after a certain time, tell the other other parent not to call after X PM. If you want to be listed as an emergency contact, and it is practical for you to be considered one and isn't in violation of your custody order, ask to be added. "Emergency contact" is not a popularity contest, it is so if anything unfortunate happens to the child, someone can respond to the need or contact the appropriate person who can help.

It isn't clear how something attached to her body would be lost at your place, but as you did not buy the device, it is unclear why you are concerned it might be lost.

 

[Distressed]

I was put in a similar situation. You do not want this gadget anywhere near you when you spend time with your child. It is basically spyware. The other parent can track your location and listen to your conversations or anything going on in the proximity of the watch.
I don't think any adult would be ok with such invasion to their privacy (especially from an ex).
I would only allow the child to switch on and wear the watch when he or she is going somwhere without the other parent and that in case BOTH parents have access to the tracking app.
I advise to remove and switch off the thing whenever the child is safely with you unless you dont mind the spying. It is a challenge tho, cause the watch is entertaining and the kid loves it (mine is 6), does not mind being tracked but I certainly do.

 

[Zigner]

I was put in a similar situation. You do not want this gadget anywhere near you when you spend time with your child. It is basically spyware. The other parent can track your location and listen to your conversations or anything going on in the proximity of the watch.
I don't think any adult would be ok with such invasion to their privacy (especially from an ex).
I would only allow the child to switch on and wear the watch when he or she is going somwhere without the other parent and that in case BOTH parents have access to the tracking app.
I advise to remove and switch off the thing whenever the child is safely with you unless you dont mind the spying. It is a challenge tho, cause the watch is entertaining and the kid loves it (mine is 6), does not mind being tracked but I certainly do.

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