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My ex husband is keeping my son's phone from him and me. But It's my property. Can I report it stolen?

Safety Harbor, FL |

I purchased a phone for my son to be able to communicate with me and his dad whenever he wanted to. My ex-husband now decided to not only keep the phone away from our son, but also is refusing to give it back to me. We have in our divorce paperwork that he cannot inhibit communication between my son and I (as this was an issue in the past). Do I have a right to file a police report? How do I get my property back?

Attorney Answers 3


  1. Because this is a potential civil violation head back to court to get the judge to rule on the phone dispute. The police will only investigate crimes.


  2. Get to court and have the judge make a ruling on this. You need a motion and to set a hearing first. It is bad that the parties cannot agree, and the judge might just throw up his or her hands.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.


  3. If he is refusing to give it back to you then yes you can report it as a theft

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