Skype Visitation Required as Condition of Children’s Relocation by New York Judge

Suffolk County Supreme Court Justice Jerry Garguilo granted a mother’s request to relocate with her children to Florida over the father’s objections, but with a twist: the mother must provide the father with the Skype video conferencing program and have their two children, a 9 year old girl and a six year old boy, talk to him using the program at least three days a week for one hour each day. The name of the case is Baker v. Baker, and was decided on August 4, 2010.

This appears to be the first reported decision in New York state in which the Court mandated the use of Skype or similar technology as a condition of a relocation.

James and Debra Baker were married in 2000 and divorce in 2008. The former marital home is in foreclosure. Mr. Baker works for a construction company and takes home $600.00 per month. Ms. Baker is a bookkeeper who has been unemployed since December, 2009.

Early this year, Ms. Baker asked the Court for permission to move to Florida with the children, where she would live with her parents and seek a full time job.

Mr. Baker, a recovering alcoholic, objected to the proposed move, and the Court held a hearing in July which lasted two days.

Both Ms. Baker and Mr. Baker were represented by counsel.

In his decision, Justice Garguilo wrote:

The Court will allow the Petitioner to re-locate to Florida. The Petitioner will be directed to reside in her parents’ home, with the children, until such time as she finds gainful employment which allows her to secure her own residence suitable for the children. The re-location is conditional. The Petitioner, at her own cost and expense, will see to it, prior to re-location, that the Respondent, as well as the children, are provided the appropriate internet access via a Skype device which allows a real time broadcast of communications between the Respondent and his children. Thereafter, the Petitioner will make the children available three times per week for not less than one hour per connection to communicate via Skype with their father.

I think this is a great decision. Clearly, from the facts of the opinion, there was no real way the mother could afford to live on Long Island, and there was no chance the father could afford to take and care for the children. Allowing the move, and making the move conditional on the Skype visitation, was the best bad choice available to the Court.

The truly interesting aspect of the Skype requirement is that it recognizes the need for children to ‘see’ the non-custodial parent, and that telephone conversations are not enough where there is a cheap video alternative available.

I hope more judges either recommend or impose video conferencing as a visitation requirement in New York in the future.

Just for the record, I posted an item touting the benefits of video visitation on this blog on May 18, 2007, called Virtual Visitation: A Solution for Busy Professionals.