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VIC Reclaiming Mobile Phone from Son's Mother?

Discussion in 'Family Law Forum' started by Sweeney Todd, 14 October 2016.

  1. Sweeney Todd

    Sweeney Todd Well-Known Member

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    I had bought my 13-year-old son a new mobile phone for his birthday. He has had a hand-me-down one for awhile, which has allowed me to contact him (or him, me) while he is in his mother's care, and vice versa. His mother has confiscated his phone after discovering he has been viewing pornography. She now is refusing to give me back the phone, stating she wants to present it to the court as evidence of...I don't know exactly. Perhaps negligence on my part?

    At any rate, the phone is in my name and I would like it back so that I can make it more difficult for inappropriate content to be accessed on it. I would then like to give it back to my son.

    Is this something that I can involve the police in? It just seems petty, but I know if I don't do anything, I will never see the phone again, least of all because there is no court proceedings under way.

    Just looking for some options.
     
  2. sammy01

    sammy01 Well-Known Member

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    I hope the phone was on a prepaid? You're wasting your time. The cops won't care. Do you have court orders around time with son? Are you still seeing the kid?

    Forget it - lesson here - never let the kid take anything from your house to her house. Are you even sure he was looking at porn? Look the naughty stuff is irrelevant. This is just your ex trying to cause conflict do not buy into it.

    Gee I hope you were not on a two year plan?
     
  3. AllForHer

    AllForHer Well-Known Member

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    Call the police and ask. Technically, it's your property, and she has retained it without intention of returning it. Fundamental theft.
     
  4. Sweeney Todd

    Sweeney Todd Well-Known Member

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    Just coming back on this. Thanks for the responses.

    Contacted the police and this is something that they will not action. Given the circumstances, they see this as a civil matter and not something that they can prosecute my ex for, and not something that would likely stand up in Magistrate's Court. As the Constable pointed out, my ex would simply claim she's confiscated the phone for parenting reasons - it doesn't matter that I paid for the phone and that the service is on my name and that she's refusing to return it.

    There are no family court proceedings on the horizon (children's matters and property settlement occurred some time ago) and there's obviously no point in pursuing this to that level given the expenditure involved. There is, however, some Family Mediation sessions due in the coming weeks (for other matters) so I guess I'll start there.
     

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