“Skyping” Court Order Becomes Part of a Custody Arrangement

In a child custody proceeding, Justice Jerry Garguilo of the New York State Supreme Court, Suffolk County, has granted a mother’s petition to permit her to relocate, provided that she uses Skype Internet-based video conferencing software to allow her ex-husband to communicate with his children three times a week. The decision reflects the growing use of “virtual visitation” in custody arrangements, that is, the use of electronic communication such as e-mail, instant messaging or video conferencing to allow a parent to communicate with his or her children. Six US states – Utah, Wisconsin, Texas, Florida, North Carolina, and Illinois – have passed legislation that gives judges the power to include electronic communications in parental visitation arrangements. Wisconsin’s legislation is unique, in that it permits electronic communication to be used only to supplement, rather than to substitute for, face-to-face visitation. Also, the Wisconsin law does not permit the court to take into account the availability of electronic communication to support relocation of the primary custodial parent. Critics of virtual visitation fear that electronic communication will be used as a substitute for face-to-face visitation. By contrast, proponents emphasize that virtual visitation gives non-custodial parents a role in the daily lives of their children. For a news report of the case, see: http://tinyurl.com/23wqnlr For a discussion of the history of virtual visitation and its positive effect in the US, follow this link to “Virtual Parents: How Virtual Visitation Legislation Is Shaping the Future of Custody Law” in 11 Journal of Law and Family Studies No 1 (2008). Summary by: Adam Lis