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Judge Sunshine rains on divorced mother's FaceTime with her son
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david1963
2012-01-13 09:38:49 AM
Brooklyn Supreme Court Justice Jeffrey Sunshine
Did this guy get picked on in school?
Methadone Girls
2012-01-13 09:44:49 AM
Don't you steal my sunshine.
/i got nothing.
kronicfeld
2012-01-13 09:46:36 AM
Skype and Facetime are great tools for non-custodial parents, especially when they are geographically remote and don't get regular face-to-face time with their children, but like anything else they can be abused. And they can definitely be invasive.
basemetal
2012-01-13 10:07:47 AM
So, she didn't have custody of the child? Why?
Walker
2012-01-13 11:43:46 AM
"I believe the mother has entered the father's home and has taken up residence to a certain extent," Brooklyn Supreme Court Justice Jeffrey Sunshine said.
TheCableGuy
2012-01-13 12:33:34 PM
Is this judge indian or something?
/headdress not dot
//Why do you ask, two dogs farking?
Warlordtrooper
2012-01-13 12:35:16 PM
Ya i'm going to go with a gross violation of private property rights. The government has no right to tell you what kind of phone you can or cannot get.
Egoy3k
2012-01-13 12:35:41 PM
TheCableGuy
:
Is this judge indian or something?
/headdress not dot
//Why do you ask, two dogs farking?
Onemanbucket is unamused.
doubled99
2012-01-13 12:36:52 PM
I AM THE LAW!
Teen Wolf Blitzer
2012-01-13 12:43:51 PM
How could you possibly enforce that?
Submitted First With a Better Headline
2012-01-13 12:44:16 PM
kronicfeld
:
Skype and Facetime are great tools for non-custodial parents, especially when they are geographically remote and don't get regular face-to-face time with their children, but like anything else they can be abused. And they can definitely be invasive.
This.
Not knowing the specifics, I could see this going either way. She might be a crazy controlling woman trying to keep her hooks in her son at all times. But on the other hand, the father might just not like that the kid wants to spend so much time talking to her and wants to cut that contact.
Warlordtrooper
:
Ya i'm going to go with a gross violation of private property rights. The government has no right to tell you what kind of phone you can or cannot get.
Also, this. It would be one thing to tell her she can't do X or Y with her son, but I don't see forcing her to replace her phone as within the court's right.
URAPNIS
2012-01-13 12:44:52 PM
dustygrimp
2012-01-13 12:45:05 PM
There has to be more to this. Why did mom not get custody in the first place? Is there some damage here that may be a contributing factor? Perhaps some custodial interference?
"Hold the phone up. I wanna see your dad's new girlfriend."
"I have to yell at your father for the state of your room."
"It would be rude for you to talk to him, you're on the phone with me."
Xythero
2012-01-13 12:47:45 PM
The article doesn't address why the mother didn't get custody of her son. She could be a shiatty parent and is using FaceTime to drive her son crazy.
yukichigai
2012-01-13 12:47:51 PM
I don't like the way this ruling sounds. Not at all.
On the one hand, this could very well be a case where the mother is indeed abusing the crap out of a method of communication so she can invade her ex's life with their son.
ON THE OTHER HAND, the fact that the judge demanded the iPhone go away and be replaced with a "simple flip-phone" makes me think the guy has no grasp of technology. Is that simple flip-phone somehow unable to keep the mother from calling the son every day? If images are the issue, how much do you want to bet that flip-phone has a camera in it, along with the ability to send pictures? And while we're on that topic, is video chat really that much more invasive than the kid being on the phone with her all the time?
This ruling just seems like it's overly narrow and far too ineffective to work. Is there some reason that "you can only call your son X times per week for no more than Y hours total" couldn't make it out of this judge's mouth? I hope not, because at this rate it's going to need to; I see a future court case with the same people complaining about the mother monopolizing the boy's time using the "simple flip-phone".
hailin
2012-01-13 12:47:56 PM
I know a few people divorced like this. The one mom whenever her kids go over the their dad's house she Skype's with them for at least three hours a day and comes to me crying when he throws a fit about it and won't let them talk with her. She says she just wants to see her babies and there is no harm with it. SHE initiated the divorce after having an affair on a good and decent guy who is a good father and provides for his kids (and pays her alimony even though he doesn't have to because he felt sorry for her she had no job). He travels a lot for work though, so she gets the kids the majority of the time. I keep telling her she needs to butt out and let the kids have time with their dad. The last time I said this she got offended and upset saying I couldn't possibly know what she is going through losing her babies two weekends a month.
She did it to herself. She caused all this by not working it out with her husband (even though he desperately wanted to). I've stopped talking her whiney phone calls because the situation pisses me off.
On the other hand I have a divorced friend who spends that same time on the phone with her kids, but the make sure their crazy alcoholic father isn't beating or berating them. Too bad the courts don't think it is bad enough for supervised visitation.
scottydoesntknow
2012-01-13 12:48:12 PM
dustygrimp
:
There has to be more to this. Why did mom not get custody in the first place? Is there some damage here that may be a contributing factor? Perhaps some custodial interference?
"Hold the phone up. I wanna see your dad's new girlfriend."
"I have to yell at your father for the state of your room."
"It would be rude for you to talk to him, you're on the phone with me."
That's what I was thinking. I keep picturing the father and son sitting on the couch watching TV, while the iPhone is propped up next to them on the couch with mother's face on it watching with them. The father starts talking and you get a "What? Is your father saying something about me?!"
I'd agree it seems pretty invasive, like giving a camera to your ex and letting it wander around your house.
ProfessorOhki
2012-01-13 12:48:15 PM
Submitted First With a Better Headline
:
Warlordtrooper: Ya i'm going to go with a gross violation of private property rights. The government has no right to tell you what kind of phone you can or cannot get.
Also, this. It would be one thing to tell her she can't do X or Y with her son, but I don't see forcing her to replace her phone as within the court's right.
Willing to bet "force her to replace her phone" means "told her she can't call her son from a phone with video conferencing capability." Still pretty ridiculous IMHO.
yukichigai
2012-01-13 12:50:45 PM
dustygrimp
:
There has to be more to this. Why did mom not get custody in the first place? Is there some damage here that may be a contributing factor? Perhaps some custodial interference?
"Hold the phone up. I wanna see your dad's new girlfriend."
"I have to yell at your father for the state of your room."
"It would be rude for you to talk to him, you're on the phone with me."
All of those can be done just as easily using any cell phone made in the last 6 years, since they all have cameras in them. The last one can be done on ANY phone.
yukichigai
2012-01-13 12:53:27 PM
ProfessorOhki
:
Submitted First With a Better Headline: Warlordtrooper: Ya i'm going to go with a gross violation of private property rights. The government has no right to tell you what kind of phone you can or cannot get.
Also, this. It would be one thing to tell her she can't do X or Y with her son, but I don't see forcing her to replace her phone as within the court's right.
Willing to bet "force her to replace her phone" means "told her she can't call her son from a phone with video conferencing capability." Still pretty ridiculous IMHO.
The way I read it, they're forcing the son to replace his phone so he doesn't even have the capability to receive video chat.
Great way to (continue to) encourage a distrust of the legal system, by the way. As far as the kid is concerned, the minute you're involved in legal proceedings there's a good chance the judge is going to take away your coolest toys for reasons that are stupid.
Chinchillazilla
2012-01-13 12:57:26 PM
Where the fark do you even get a flip phone these days?
Uzzah
2012-01-13 01:00:11 PM
The mother will be contrite and apologetic when she's standing in front of the judge, but when she gets back home, away from court scrutiny, she's going to do whatever she wants. Ain't no Sunshine when she's gone.
DrRatchet
2012-01-13 01:03:26 PM
"Yes, I can see you, honey.... Now, go to Daddys desk and show me all the papers..."
ProfessorOhki
2012-01-13 01:06:08 PM
yukichigai
:
dustygrimp: There has to be more to this. Why did mom not get custody in the first place? Is there some damage here that may be a contributing factor? Perhaps some custodial interference?
"Hold the phone up. I wanna see your dad's new girlfriend."
"I have to yell at your father for the state of your room."
"It would be rude for you to talk to him, you're on the phone with me."
All of those can be done just as easily using any cell phone made in the last 6 years, since they all have cameras in them. The last one can be done on ANY phone.
Not quite in same way (well, except #3). Find me a 6 year old phone where all it takes to go from "answering a call from mom" to "carrying her around as a spy camera" is a single action. With a camera phone, you have the time and effort of taking each image and sending it. You could say it's similar, but it's not as invasive. Especially when the kid probably has to worry about later repercussions of not answering the call.
Tom_Slick
2012-01-13 01:07:40 PM
Chinchillazilla
:
Where the fark do you even get a flip phone these days?
You have to special order one at the AT&T Store, or at least I did when I had to replace my 70 year old mother's phone.
/Got my 71 year old father a droid he loves it.
ProfessorOhki
2012-01-13 01:09:02 PM
yukichigai
:
ProfessorOhki: Submitted First With a Better Headline: Warlordtrooper: Ya i'm going to go with a gross violation of private property rights. The government has no right to tell you what kind of phone you can or cannot get.
Also, this. It would be one thing to tell her she can't do X or Y with her son, but I don't see forcing her to replace her phone as within the court's right.
Willing to bet "force her to replace her phone" means "told her she can't call her son from a phone with video conferencing capability." Still pretty ridiculous IMHO.
The way I read it, they're forcing the son to replace his phone so he doesn't even have the capability to receive video chat.
Great way to (continue to) encourage a distrust of the legal system, by the way. As far as the kid is concerned, the minute you're involved in legal proceedings there's a good chance the judge is going to take away your coolest toys for reasons that are stupid.
You're right. I read "the high- tech device" as either his our hers and forgot the earlier part. Given that this issue even came up, I get the feeling this kid probably isn't any stranger to the courts and probably isn't fond of them.
jeblis
2012-01-13 01:10:40 PM
Isn't this one of those things that a kid can decide for themselves?
ArkAngel
2012-01-13 01:19:11 PM
Teen Wolf Blitzer
:
How could you possibly enforce that?
How about checking the phone bill?
yukichigai
:
I don't like the way this ruling sounds. Not at all.
On the one hand, this could very well be a case where the mother is indeed abusing the crap out of a method of communication so she can invade her ex's life with their son.
ON THE OTHER HAND, the fact that the judge demanded the iPhone go away and be replaced with a "simple flip-phone" makes me think the guy has no grasp of technology. Is that simple flip-phone somehow unable to keep the mother from calling the son every day? If images are the issue, how much do you want to bet that flip-phone has a camera in it, along with the ability to send pictures? And while we're on that topic, is video chat really that much more invasive than the kid being on the phone with her all the time?
This ruling just seems like it's overly narrow and far too ineffective to work. Is there some reason that "you can only call your son X times per week for no more than Y hours total" couldn't make it out of this judge's mouth? I hope not, because at this rate it's going to need to; I see a future court case with the same people complaining about the mother monopolizing the boy's time using the "simple flip-phone".
The judge was more concerned that the mother could essentially spy on the father with streaming video whenever she wanted. Simple camera phones can't do that nearly as effectively.
yukichigai
2012-01-13 01:33:20 PM
ArkAngel
:
Teen Wolf Blitzer: How could you possibly enforce that?
How about checking the phone bill?
yukichigai: I don't like the way this ruling sounds. Not at all.
On the one hand, this could very well be a case where the mother is indeed abusing the crap out of a method of communication so she can invade her ex's life with their son.
ON THE OTHER HAND, the fact that the judge demanded the iPhone go away and be replaced with a "simple flip-phone" makes me think the guy has no grasp of technology. Is that simple flip-phone somehow unable to keep the mother from calling the son every day? If images are the issue, how much do you want to bet that flip-phone has a camera in it, along with the ability to send pictures? And while we're on that topic, is video chat really that much more invasive than the kid being on the phone with her all the time?
This ruling just seems like it's overly narrow and far too ineffective to work. Is there some reason that "you can only call your son X times per week for no more than Y hours total" couldn't make it out of this judge's mouth? I hope not, because at this rate it's going to need to; I see a future court case with the same people complaining about the mother monopolizing the boy's time using the "simple flip-phone".
The judge was more concerned that the mother could essentially spy on the father with streaming video whenever she wanted. Simple camera phones can't do that nearly as effectively.
That's not much better. That's the kind of reasoning that gets us decisions like "you can't have any kitchen knives because you might stab your ex with them."
Mind you, if there was some compelling evidence that she was actually doing that it would be slightly BETTER reasoning, but the article makes no mention of that. It only vaguely hints at a "potential" for it.
Magorn
2012-01-13 01:33:36 PM
As someone who has done a lot of family law in his life; the sentence is ALWAYS proof positive you are dealing with a batshiat insane parent:
"McAvoy, who plans to pursue a
federal civil-rights case
to get
custod
y of her son, said.."
That means whe is psychologically incapable of taking "You Lose! You get Nothing!Good Day to you Sir!" as an answer and is now being bilked by a dishonest lawyer (or is doing this on her own without a lawyer-more likely) into believing she can somehow appeal the Family's court's decision in a new forum
DaShredda
2012-01-13 01:35:53 PM
dustygrimp
:
There has to be more to this. Why did mom not get custody in the first place? Is there some damage here that may be a contributing factor? Perhaps some custodial interference?
"Hold the phone up. I wanna see your dad's new girlfriend."
"I have to yell at your father for the state of your room."
"It would be rude for you to talk to him, you're on the phone with me."
I was thinking the exact same thing.
I don't know why people always side with women on divorce cases.
DrRatchet
2012-01-13 01:36:30 PM
I did a little googling on this case. THese people are very high-powered types. She's an adjunct professor and legal commentator for Fox News. He's a real estate mogul. They've been fighting over the kid since 2005. There have been at least eight matrimonial attorneys involved.
She thinks the kid is Autistic or on the spectrum. He does not. She's had him in 40 hours therapy a week since he was eight months old. He thinks she's overdoing it.
Now she also thinks the kid is suicidal / homicidal because "he would rather be dead than continue living with his father" ( her words. )
So the court took the case away from the previous judge and gave it to judge Sunshine to do a "imminent risk hearing", I guess that's his thing.
More here:
at this wacky blog.
(new window)
yukichigai
2012-01-13 01:36:38 PM
Magorn
:
As someone who has done a lot of family law in his life; the sentence is ALWAYS proof positive you are dealing with a batshiat insane parent:
"McAvoy, who plans to pursue a federal civil-rights case to get custody of her son, said.."
That means whe is psychologically incapable of taking "You Lose! You get Nothing!Good Day to you Sir!" as an answer and is now being bilked by a dishonest lawyer (or is doing this on her own without a lawyer-more likely) into believing she can somehow appeal the Family's court's decision in a new forum
Interesting observation. Perhaps she IS just a nutbag. Would have been nice if the article had made that more clear one way or the other.
Seriously, what's happened to objective journalism? "Objective" doesn't mean "inoffensive", it means "call it like it is".
yukichigai
2012-01-13 01:38:46 PM
DrRatchet
:
She's an adjunct professor and legal commentator for Fox News
Well that explains the lack of objective journalism that I noted earlier.
Magorn
2012-01-13 01:40:48 PM
Chinchillazilla
:
Where the fark do you even get a flip phone these days?
Tracphone/Net 10/Straight Talk
they have plenty and some don't even have cameras...
or even OldPeople Cell Phones inc (aka Jitterbug)
ArkAngel
2012-01-13 01:41:46 PM
DrRatchet
:
I did a little googling on this case. THese people are very high-powered types. She's an adjunct professor and legal commentator for Fox News. He's a real estate mogul. They've been fighting over the kid since 2005. There have been at least eight matrimonial attorneys involved.
She thinks the kid is Autistic or on the spectrum. He does not. She's had him in 40 hours therapy a week since he was eight months old. He thinks she's overdoing it.
Now she also thinks the kid is suicidal / homicidal because "he would rather be dead than continue living with his father" ( her words. )
So the court took the case away from the previous judge and gave it to judge Sunshine to do a "imminent risk hearing", I guess that's his thing.
More here:at this wacky blog. (new window)
from your link:
along the way, there were unfounded allegations of sexual abuse against the father
Why does this not surprise me?
dustygrimp
2012-01-13 01:47:51 PM
yukichigai
:
Mind you, if there was some compelling evidence that she was actually doing that it would be slightly BETTER reasoning, but the article makes no mention of that. It only vaguely hints at a "potential" for it.
But the article is a piece of crap, which is why we can have so much fun speculating.
Nem Wan
2012-01-13 01:48:47 PM
FaceTime uses Wi-Fi so it doesn't rack up data charges. Other phones may be able to do the same thing but in practice it's a lot less easy than Apple makes it.
The judge taking away a kid's iPhone is bullshiat. Now he can't use it for anything else he might have been using for. If he has a bunch of apps they won't transfer to a non-Apple device. The judge should order the mother to behave differently since the two parents are the parties in the custody settlement. If you give something to a kid is it or is it not the kid's property?
raygundan
2012-01-13 02:13:29 PM
hailin
:
She did it to herself. She caused all this by not working it out with her husband (even though he desperately wanted to). I've stopped talking her whiney phone calls because the situation pisses me off.
These situations, in both directions, are always sad. But I will admit that this particular variation is sort of amusing in its awfulness.
Spouse #1: "I'm sick of this. I'm going to cheat so spouse #2 will want a divorce." [teary-eyed confession]
Spouse #2: "It's okay. You're only human, and we all make mistakes of some sort. Let's work through this and be even stronger."
Spouse #1: "Dammit. I just wanted a divorce."
Smeggy Smurf
2012-01-13 02:36:54 PM
Sounds like something my ex would do if she could afford a decent phone. But you have to get off the couch of your enabling parents and get a job first.
kronicfeld
2012-01-13 03:13:37 PM
yukichigai
:
Mind you, if there was some compelling evidence that she was actually doing that it would be slightly BETTER reasoning, but the article makes no mention of that. It only vaguely hints at a "potential" for it.
Yeah, Matlock, you should just go ahead and base your appellate decision that the judge was wrong on the multitude of things that the tiny blurb of an article left out, and just assume those weren't presented in court.
HailRobonia
2012-01-13 03:38:03 PM
david1963
:
Brooklyn Supreme Court Justice Jeffrey Sunshine
Did this guy get picked on in school?
Oh yeah. Especially since that his his full name: Brooklyn Supreme Court Justice Jeffrey Sunshine. The Third.
Two Dogs Farking
2012-01-14 12:19:34 PM
TheCableGuy
:
//Why do you ask, two dogs farking?
You called?
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