How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask SASH_Law Your Own Question
SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6386
Experience:  LLB (Hons)
Type Your Family Law Question Here...
SASH_Law is online now

Can a father confiscate my 12 year old sons phone (for a few

Customer Question

Hi. Can a father confiscate my 12 year old sons phone (for a few days) as discipline for bad behaviour. Does this impact my reasonable contact with my son? We often chat and send pictures to each other as well as have a set call time. Father said my son can ask him to use his (my son’s phone) anytime my son wants or to ask my daughter to use her phone. But what if I want to contact my son? We have a close relationship and I now feel cut off from him.
JA: What steps has your twelve-year-old taken? Have they filed any papers in the family court?
Customer: No
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does your twelve-year-old live in?
Customer: telford
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Family Law
Expert:  SASH_Law replied 12 days ago.

Hello, how are you today? 

My name is Lea. I am going to see if I can assist with your query. I may need to ask you additional questions and it is important for you to answer all the questions clearly, so that I have the information I need to give you an accurate response for your specific legal situation. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 12 days ago.
I confirm
Expert:  SASH_Law replied 12 days ago.

Is there a child arrangements order in place for you to have phone contact with your child?

Customer: replied 12 days ago.
There is but is years old and doesn’t deal with phone calls other than to say a guaranteed phone call once a day ( before they had their own phones)
Expert:  SASH_Law replied 12 days ago.

And are you able to get that phone call each day in the ways suggested by the father?

Customer: replied 12 days ago.
Expert:  SASH_Law replied 12 days ago.

Is the father the parent with whom the children live?

Customer: replied 12 days ago.
They live with each of us
Expert:  SASH_Law replied 12 days ago.

And the father has removed the phone during the time the kids live with him?

Customer: replied 12 days ago.
Temporarily as a punishment for bad behaviour as it’s a smartphone and can get internet. I suggested turning off Wi-Fi instead but he refused and confiscated the phone
Customer: replied 12 days ago.
now if I want to message my son, I have to go through my daughter
Expert:  SASH_Law replied 12 days ago.

It's not an unreasonable punishment, and given the child lives with both of you, you are each at liberty to use punishment methods you each feel pertinent to the child when in your individual care.  What works in your house may not work in the father's house, and vice versa, so you are both free to decide what happens in your own households.

It would be nice if you could both do exactly the same, but realistically that isn't going to happen.

As long as the father is allowing the child to contact you for the court ordered call, there isn't anything you can do about his decision to remove the phone from the child when in his care.

Your son can avoid this in future by not misbehaving to the extent that his father thinks the best punishment is to remove his phone.

Expert:  SASH_Law replied 12 days ago.

Can I clarify anything for you?

Expert:  SASH_Law replied 12 days ago.

If you have new questions and wish to ask for my assistance, you can do so by putting FORCustomerONLY in the subject heading of a new thread. Alternatively, once you have rated this question, you will get the option to add me as a favourite expert from your membership page. Then, when you wish to ask me another query, you can then simply type “@“ followed by my name in your next chat, e.g. @SASH_Law.

Please note that there is no need to respond to this message.

Thanks for using JA! All the best!