Recently I had a client email me about a situation she had encountered. Apparently, when her children came back from their father’s home, she discovered that he had given the children, seven and five year olds, “smart” watches that have cell phone capability, and told them that they were not to ever take them off. My client, being suspicious, went on-line to see what the capabilities of the watch are.
To her shock, she discovered that the watches are programmed so that the father can, remotely through an app on his phone, turn the microphone of the watches on with them none the wiser. Thus, he could have a listening device inside my client’s home and she would not know her home discussions/privacy were being invaded/recorded. Not only is this unacceptable, arrogant and sneaky, it also violates Pennsylvania’s Wiretap Law. It is illegal in Pennsylvania to record an individual without that person’s permission. The same goes for placing a listening device in someone’s home.
This is just another example of a person no longer in a personal relationship with someone else, attempting to continue to control that person’s activities. It is invasive, domineering and and downright illegal. I am now advising my clients to check all media for such possibilities. This will include laptops, tablets, cell phones, watches, and any other means for which tech companies develop applications. This will be especially important for possible “Trojan Horse” gifts from the other parent. Divorce clients need also to be aware of this type of home invasion. Nothing is simple and some people will go to any extreme to attempt to gain an advantage. Even using their children as unwitting accomplices and spies. Some people will go to any length, especially if it involves hurting, particularly emotionally and perhaps financially, a former partner.