2007:
North Dakota -
Gilbert v. Gilbert - In a North Dakota case the mother wished to
relocate to West Virginia. The relocation with the child was appealed
after being denied by the District Court. The move was granted by the
Appellate Court. Virtual Visitation was discussed, specifically discussing
our efforts and laws and not found to contribute to allowing the move-away.
Gilbert v. Gilbert, 2007 ND 66.
Read the ruling
Other
cases:
Connecticut
Armstrong v. Armstrong, Docket No.
FA010828168-S (Hartford Super. Ct. July 25, 2002). “The court concludes that the
plaintiff should be designated as the primary physical custodian and that
relocation of the children to Chicago will be in the best interest of the
children.” “In addition to the traditional modes of visitation, the parties
should consider Internet visitation or videoconferencing (dubbed “virtual
visitation”) between the children and the defendant father.”
Colorado - Hernanadez-Mora
v. Jex - In another case in Colorado, two parents agreed on joint
custody and decision-making, even though the father and child moved to
Spain while the mother remained in the US. The agreement details how the
technology will be used, who pay for what and the practical considerations
about topics such as what type of Internet connection. Hernanadez-Mora
v. Jex, No. 01-WY1009-CB (U.S. Dist. Ct. Dist.Colo. July 12, 2001).
ORDER:
(Shefts, p.324)
Custodial, relocating, father to pay for and provide the other [noncustodial]
parent with a computer and service plan for video conferencing Custodial,
relocating, father to be responsible for all costs and expenses for future
upgrades, and to pay for or DSL, or greater quality, connection for the
[non-custodial] parent for two years Parents to participate in video
conferencing contact with the child while the child is at the home of the
other party, during reasonable hours.
Iowa - Thiegles
- In re Marriage of Thiegles, 623 N.W. 2d 232 (Iowa Ct. App. 2000)
ORDER: (general, not specific): "Respondent shall also have liberal
telephone privileges and Internet communications with the minor children
if they have it available to them."
New Jersey - Chen v. Heller,
759 A. 2d 873 (N.J. Super. Ct. App. Div. 2000). Custodial parent
moved with two daughters to Texas from New Jersey.
ORDER:
Each party ordered to set up video conferencing in
their respective homes at their own cost Unlimited phone calls, computer
access, and video conference calls Custodial parent was required to give
non-custodial parent "thirty to forty-five days notice of any and all
special events for the children. If the non-custodial parent is
unable to attend the event, [the custodial parent] will videotape the
event and send the tape to the non-custodian." Chen at
886. Shefts at 311.
New Jersey - McCoy v.
McCoy - The New Jersey Superior Court allowed a mother and child
to relocate after looking at a proposal for "virtual visitation' to
supplement periodic in-person visits in McCoy v. McCoy, 764 A.2d 449
(2001). In this case, the mother wanted to move from New Jersey to
California. The judge approved her plan for web-based communication via
camera-computer technology and daily emails, calling it both creative and
innovative." McCoy, at 454. Importantly, the "virtual visitation" was in
addition to the personal visitation schedule, which was not reduced.
Mother moved from New Jersey to Texas with 10-year old "special needs"
daughter with neurological impairments — hemiplegic, trouble using hands
and legs, visual impairments and seizures. Mother offered to build
web site, which would include the use of camera-computer technology to
give the father, his family and friends, the ability to communicate
directly with the child on a daily basis and review her school work and
records. Father to have daily communication with daughter by video
conferencing.
ORDER:
The appellate court lauded Mother for her
creative offer of daily visitation by video conferencing via
Internet. Remanded to work out details of visitation and other matters.
New York - Lazarevic
v. Fojelquist - In New York, a custody dispute developed between
parents when the mother (custodial parent) wanted to move to Saudi Arabia.
The court ordered the parties to use the Internet as a means of direct
communication between the father and the child. Lazarevic v. Fojelquist,
668 N.Y.S. 2d 320 (1997).
The Court reluctantly allowed a custodial parent to
move with a six-year-old son and new spouse to Saudi Arabia.
ORDER:
Custodial mother, who is relocating, shall pay for
a computer consultant in both New York and Saudi Arabia to purchase and
set up compatible computer systems with laser printers in both parents’
homes to enable parents and son to communicate on the Internet and by fax.
Son's computer shall be in his bedroom. Son's room shall have a
telephone with an answering machine also with a separate dedicated phone
line for father and son to use.
Custodial mother who is relocating, shall propose
a reasonable schedule of communication by telephone, Internet, and fax and
shall provide proof that those systems are fully operational and that the
dedicated phone lines are in place. Lazarevic, 668 N.Y.S.2d at
327-28.
Tennessee - Burke v.
Burke - In another case in Tennessee, the Court of Appeals called
the Internet-based plan an "unique, forward thinking and viable
communication alternative." The case includes details on the plan. Burke v. Burke, 2001 WL 921770 (Tenn. Ct. App. August 7, 2001).
ORDER:
Each parent can initiate three telephone
or Internet video conferencing communications with the children each week
at "reasonable times," and the children are allowed to communicate with
the parents whenever the children desire, for a "reasonable duration."
Both parents are ordered to install computers and video conferencing
equipment in their homes.
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