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Is Being Tracked by Your Ex-Spouse Allowed?

Spending time with your kids is definitely an important aspect of your relationship with them. Spending quality time with them continues to strengthen your relationship with them. It also does help in their growth and development, especially in their younger years. No parent would want to have that precious time spent with their children ruined. That still applies even if you’re a divorced parent taking turns parenting your child with your ex-spouse. If there are tension and distrust between ex-spouses, can spouses track their ex-spouse when it’s their turn with the kids?


With the advancement of technology nowadays, it’s pretty easy to keep track of a lot of things. You can keep track of packages, flights, the location of your phone, and even your dog and cat all at the push of a button. And while tracking in these cases can seem quite harmless, it can reach a point where it isn’t so harmless anymore. Just like how wiretapping and even the simple act of going through someone’s messages on their phone without their permission can get you in trouble, tracking the whereabouts of a person without their knowledge can land you in some sort of trouble. Not only is doing something like that a form of stalking, but it’s practically an invasion of privacy at that point.

It’s Illegal, Then?

The entire legality of your ex tracking you during your time with your child depends on your situation. If you are, for example, in the state of Texas and the judge handling your custody settlement with your child sees good reason for you to have a tracker for you during the time that you would be spending with your child, maybe because of a prior criminal record, then it would be perfectly okay and legal for your ex to keep track of your whereabouts. But if, for example, your ex was to track you without your consent during the time that you’ll be spending with your child, then it would most definitely be illegal. Consent would be one of the big deciding factors as to whether or not your ex can track you.

Having one’s privacy violated can be a very uncomfortable experience and no one would most definitely want that to happen. This can be especially true if you’re a divorced parent that just wants to enjoy their time with their child. Precious moments like these that are meant to be respected, especially if there is no good reason for someone else to be sticking their nose in someone else’s life.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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