Protecting Children'S Personal Data During Divorce Proceedings

Summary

Divorce proceedings can put children's personal data at risk if parents are not cautious about protecting sensitive information online and in physical records. To safeguard kids' privacy, parents should secure accounts and devices, keep documents locked away, limit their digital footprint, establish clear data rules with their ex-spouse, and educate children about cyber safety.

Protecting Children's Personal Data During Divorce: A Guide for Parents

Divorce is an emotionally trying time for families, especially when children are involved. Amidst the turmoil of splitting up marital assets, determining alimony and child support, and negotiating custody arrangements, it's easy for parents to overlook a critical issue: protecting their children's sensitive personal data.

In today's digital world, children's personal information is more vulnerable than ever. Social media posts, online school records, medical files, and digital communications can all contain private details about a child's life. During a contentious divorce, there is a real risk of one parent misusing this data to gain an upper hand in court. Even worse, hackers and identity thieves may try to exploit the chaos of divorce proceedings to steal a child's data for nefarious purposes.

As a parent going through a divorce, what steps can you take to safeguard your children's personal information? Here is a comprehensive guide with real-world examples and expert tips.

Secure Online Accounts and Devices

The first line of defense in protecting your kids' data is to lock down any online accounts or devices they use. This includes:

• Social media profiles: Check the privacy settings on your children's social media accounts and make sure they are set to the highest level. Remove any publicly visible posts or photos that reveal personal details about your kids.

• School portals: Online grade books, class schedules, and school messaging systems can be a treasure trove of private information. Make sure you have exclusive access to your child's school accounts, and consider changing the passwords to lock out your ex-spouse.

• Cloud storage: If you use cloud services like Google Drive or iCloud to store photos and documents related to your kids, ensure that your individual account is secured with a strong password and two-factor authentication. Don't use any joint accounts with your former partner.

• Personal devices: If your children have their own smartphones, tablets, or computers, check that they are password-protected and running the latest security software. Consider installing parental control apps to monitor online activity and block inappropriate content.

Remember, your ex-spouse may know your kids' common passwords or have access to shared devices. So it's crucial to update credentials and secure personal accounts as soon as possible when a divorce is imminent.

Safeguard Sensitive Documents

In addition to digital data, parents must take care to protect children's physical records and documents from being misused in a divorce. These may include:

• Medical records
• School files
• Birth certificates and Social Security cards
• Passport and ID documents
• Legal papers (wills, trusts, etc.)

Keep these sensitive documents locked away in a secure place that only you can access, such as a safe deposit box or a locked filing cabinet. Make copies of essential records and store them with a trusted relative or friend in case the originals go missing.

Be extremely cautious about handing over any of your children's documents to your ex-spouse or their lawyer, even if they claim to need them for legitimate reasons. Consult with your own attorney first to verify exactly what needs to be shared as part of the divorce proceedings.

Real-World Example: In a 2019 divorce case, a father reportedly refused to return his daughter's passport to the mother, who had been granted full custody. The mother needed the passport to take her daughter on an overseas trip, but the father allegedly withheld it to pressure the mother into renegotiating their parenting agreement. This incident highlights how important documents can become leverage in a hostile divorce.

Limit Your Digital Footprint

Parents must be very cautious about their own online activity during a divorce, as it can potentially expose sensitive information about their children. A good rule of thumb is to limit your digital footprint as much as possible. This means:

• Avoid posting about your kids on social media. No matter your privacy settings, there's always a chance that your ex could see what you post. Don't put anything online that you wouldn't want brought up in court, like photos of your kids in potentially unsafe situations.

• Be careful what you say in texts and emails. Written communications can become admissible evidence in a divorce case. Avoid making any negative statements about your ex's parenting in writing, as it could be construed as trying to poison your kids against them.

• Don't vent about your divorce in online forums. You may be tempted to seek support from other divorced parents in online communities or Facebook groups. But be very careful not to reveal any identifying details about your family, as those posts could come back to haunt you.

• Google yourself and your kids. Do a search to see what information about your family is publicly available online. If you find any sensitive content, like your children's address or birthdates posted online, contact the website owner and request to have it removed.

By minimizing your digital footprint, you can reduce the risk of your kids' personal data being exposed or exploited during your divorce.

Establish clear rules with your ex

Even if you and your former spouse are on decent terms, it's important to establish clear boundaries and rules about protecting your children's personal information. This should be explicitly spelled out in your divorce agreement or parenting plan. Some key points to cover:

• Agreement not to post photos/info about kids online without the other parent's consent
• Parameters for monitoring kids' online activity and devices
• Protocol for sharing kids' school, medical, and extracurricular records
• Rules about kids' technology use during visitation time

By having a written agreement, you can hold your ex accountable if they misuse your children's data down the line. You'll have legal recourse to enforce your agreed upon boundaries.

Case Study: In 2016, an Austrian teenager sued her parents for posting embarrassing childhood photos of her on Facebook without her consent. The 18-year-old claimed the oversharing violated her privacy rights, even though it was her own parents posting the pictures. The case highlighted the need for clear rules between co-parents about what is appropriate to post about their kids online, even beyond a divorce context.

Be aware of legal pitfalls

Even in the midst of a messy divorce, there are legal lines that parents cannot cross when it comes to collecting information on their children and ex-spouse. Tactics like hacking into your child's email account, secretly recording your kids' conversations, or installing spyware on your ex's devices to track their activity may be illegal under state and federal privacy laws.

Parents must also be careful not to violate any court orders or legal agreements in their efforts to gather evidence for their case. For example, if your custody order specifies that all communications with your ex-spouse must go through a court-appointed parenting coordinator, then digging up their old emails to find "dirt" on them could land you in contempt of court.

If you suspect your ex is spying on you or stealing data, notify your lawyer immediately. You may need to take legal action to protect yourself and your kids. But don't stoop to their level by retaliating or breaking the law yourself.

Real-World Scenario: In a 2014 case, a mother was arrested for allegedly installing spyware on her child's phone to secretly record conversations with the father during his visitation time. The mother claimed she did it to prove the father was abusive. But wiretapping someone without their consent is illegal in most states, and her plan backfired badly.

Educate your children about data security

One of the best ways to protect your kids' data during a divorce is to teach them how to protect it themselves. Even young children can learn basics like choosing strong passwords, being careful what they post online, and telling you if their other parent is pressuring them to share private information.

Teenagers should be given more detailed guidance on maintaining their digital privacy, especially if they are old enough to have their own devices and accounts. Coach them to:

• Use privacy settings on social media
• Avoid giving out personal info like their birthdate or address online
• Never share their login credentials, even with close friends
• Report any suspicious messages or friend requests from unknown people
• Ask you before downloading any new apps or software

Reinforce that you are always there to help if they have any concerns about their online privacy or safety. Keeping an open line of communication with your kids is critical so they feel comfortable coming to you if their other parent is violating digital boundaries.

Final Thoughts

Navigating the complexities of a divorce is hard enough without having to worry about data security on top of it all. But in our hyper-connected age, protecting children's personal information from misuse must be a top priority for parents splitting up.

By taking proactive steps to secure accounts, documents, and devices, and by establishing clear rules and expectations with your former spouse, you can safeguard your kids' sensitive data during this trying time. Stay vigilant, consult your attorney often, and keep the lines of communication open with your children.

Remember, shielding your children from unnecessary conflict and emotional turmoil should be the primary goal in any divorce. Don't let a fight over personal data overshadow your kids' wellbeing. Put your children's privacy and security first as you work toward building a healthy co-parenting relationship with your ex.

References

• No certain references provided in the article.

For more insights, read our Divorce Decoded blog.