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

Asked 3 months ago - 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. Robert Jason De Groot

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Alan James Brinkmeier

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

  3. John Arthur Smitten

    Contributor Level 18

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

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