It's Personal: Children, Privacy, Technology and the Law

Tag: divorce

  • It’s Personal: Children, Privacy, Technology and the Law

    It’s Personal: Children, Privacy, Technology and the Law

    When Authority Becomes Narrative: Custody, Power, and the Misuse of Systems

    In custody litigation, courts are often asked to evaluate competing narratives about safety, stability, and parental fitness. But what happens when one parent possesses not just a narrative—but institutional credibility, access, and procedural fluency?

    This is where the analysis under California Family Code § 3011 becomes more than a checklist. It becomes a lens through which courts must distinguish between legitimate protection and manufactured risk.

    The Misunderstood Premise

    There is a persistent but flawed assumption in custody disputes:

    That a parent with a law enforcement or peace officer background carries inherent credibility, heightened judgment, or superior fitness.

    California law does not support this premise.

    Custody determinations are not awarded based on profession. They are grounded in a singular inquiry:

    What outcome best serves the health, safety, and welfare of the child?

    The difficulty arises when professional authority is not merely background—but becomes a tool for shaping the evidentiary record itself.

    Manufacturing the Record

    In some cases, a pattern emerges:

    • Repeated welfare checks initiated without substantiated findings
    • Police reports that escalate minor disputes into formal incidents
    • Strategic documentation timed around custody proceedings
    • Use of professional language or contacts to frame the other parent as unstable or unsafe

    Individually, these actions may appear benign or even protective. But taken together, they may reveal something else:

    The construction of a litigation narrative through institutional mechanisms.

    This is where courts must move beyond surface-level documentation and ask a more difficult question:

    Is this evidence reflective of actual risk—or the product of controlled narrative-building?

    The Section 3011 Analysis Revisited

    Under California Family Code § 3011, several factors become critical in this context:

    1. Health, Safety, and Welfare

    The court must assess not only physical safety, but emotional and psychological well-being.

    A child repeatedly exposed to:

    • police presence
    • allegations against a parent
    • institutional escalation

    A child, teenager or adult child may experience instability, fear, or confusion—regardless of whether the allegations are substantiated.

    If one parent is responsible for generating that environment, the conduct itself becomes relevant.

    2. History of Abuse and Coercive Control

    California recognizes coercive control under California Family Code § 6320, which includes behavior that interferes with another person’s autonomy or liberty.

    In a custody context, this may include:

    • leveraging institutional authority to intimidate
    • creating a perception of surveillance or scrutiny
    • repeatedly invoking systems to destabilize the other parent

    The analysis is not limited to physical harm. It extends to patterns of control through process.

    3. Ability to Foster a Relationship with the Other Parent

    California law strongly favors a parent who supports the child’s relationship with the other parent.

    When a parent:

    • repeatedly files unsubstantiated reports
    • escalates conflict unnecessarily
    • portrays the other parent as dangerous without evidence

    The court may reasonably question whether that parent is acting in good faith—or attempting to limit contact through manufactured concern.

    Credibility in the Age of Documentation

    Modern custody disputes are increasingly document-driven. Reports, logs, and records carry weight.

    But not all documentation is equal.

    Courts must distinguish between:

    • Corroborated evidence, supported by neutral findings
    • Self-generated documentation, produced through unilateral action

    The existence of a report is not proof of wrongdoing. The pattern, consistency, and outcome of those reports matter.

    A Structural Concern

    At its core, this issue raises a broader concern about power asymmetry in custody litigation.

    When one parent:

    • understands institutional systems
    • has access to enforcement mechanisms
    • or benefits from perceived authority

    There is a risk that the legal process itself becomes part of the dispute, rather than a neutral forum for resolution.

    The Correct Framing

    The most precise way to frame this issue—legally and ethically—is as follows:

    The issue is not that one parent has a law enforcement background. The issue is whether that parent has used institutional knowledge, access, or perceived authority to manufacture a custody record against the other parent.

    And under California Family Code § 3011:

    That conduct bears directly on the child’s health, safety, emotional welfare, stability, and the parent’s willingness to support the child’s relationship with both parents.

    What Courts Must Do

    Courts are not tasked with choosing between professions. They are tasked with evaluating:

    • conduct
    • credibility
    • patterns
    • and impact on the child

    This requires:

    • looking beyond the existence of reports
    • examining outcomes and corroboration
    • identifying patterns of escalation or control

    And most importantly:

    Protecting the child not only from harm—but from the manufacture of harm as a legal strategy.

    Closing Reflection

    In an era where systems can be activated quickly and records created easily, the risk is no longer just what happens inside the home.

    It is what can be constructed about the home.

    For family courts, the challenge is clear:

    To ensure that authority does not become narrative,
    and that narrative does not become custody.

    Sources (Publicly Available)

    • California Family Code § 3011 (Best interest of the child standard)
    • California Family Code § 3020 (Frequent and continuing contact policy)
    • California Family Code § 6320 (Definition of coercive control)
    • In re Marriage of LaMusga (Best interest and custody discretion)
    • Convention on the Rights of the Child (Child welfare and dignity principles)
    • Judicial Council of California, Child Custody Information Sheet (public guidance on custody determinations)
    • California Courts Self-Help Guide, Child Custody and Visitation (overview of best interest standard and factors)

    Legal Disclaimer:
    This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed. Individuals should consult qualified legal counsel regarding their specific circumstances.

    Cognitive Liberty and Privacy Note:
    This publication reflects ongoing legal and policy concerns regarding autonomy, informational integrity, and the intersection of technology, authority, and human rights. Unauthorized manipulation of personal narrative—whether through systems, technology, or institutional processes—raises serious legal and ethical implications.

  • Judicial Reform in Recognizing Subtle Harm and Trauma Informed Practice

    Judicial Reform in Recognizing Subtle Harm and Trauma Informed Practice

    By Sally Vazquez-Castellanos

    Revised on September 27, 2025 at 7:37 pm.

    As I often do when something troubles me these days, I open a dialogue with ChatGPT…

    The following was taken from a previously published conversation with my ChatGPT about trauma-informed practice in the legal profession and its related systems.

    Please keep in mind that I have staunchly advocated for the recognition of subtle harms that are found in algorithms and targeted ads often displayed to children and vulnerable adults in the digital age.

    It really can be as simple (or as complicated) as understanding just how difficult it may be for a child with a complexion problem to have to walk up to store personnel at CVS to ask for a tube of Clearasil. If you think that’s funny, try living life as a child who is impoverished or challenged in some way, then perhaps you might understand why this is a crisis that leaves some children vulnerable to being influenced by the wrong people. Sadly, many of these kids are bombarded with all kinds of messaging on their smartphones, which may include nasty behavior from individuals who abuse the privilege of being on social media platforms.

    When we consider bias, racism, sexism, discriminatory and disparate treatment and practices institutionalized in American systems, the legal system as a whole is confronting how to deal with these societal harms that are increasingly becoming much more subtle in an age of technological dominance. I do think it’s important to note that bad people exist everywhere, including our digital spaces.

    Just as digital platforms can be misused to cause quiet but devastating reputational harm through implication, curated messaging, or indirect targeting, so too can harm within family systems occur through subtle forms of control, manipulation, and intimidation—often without immediate physical evidence.

    In the context of family law and child custody and conservatorship proceedings, this form of abuse may be referred to as “coercive control”—a pattern of psychological, emotional, and sometimes economic manipulation used to dominate or isolate a partner or child. It is insidious precisely because it often evades the traditional markers of harm that courts are trained to recognize. When courts lack sufficient training in trauma-informed practices, child sexual abuse dynamics, and non-physical forms of abuse, the result is often the minimization or outright dismissal of credible concerns raised by protective parents.

    The parallel is clear: when institutions are not adequately prepared to recognize subtle, systemic harm, they may unintentionally legitimize or perpetuate it. In the media space, this results in public targeting masked as content; in the courtroom, it may result in placing children with abusive parents or penalizing the protective parent for “alienation” rather than identifying the underlying abuse.

    Judicial reform must include mandatory education for judges and court personnel on coercive control, trauma responses, and the complex dynamics of abuse—especially as they present in contested custody cases. Understanding that harm is not always loud, visible, or immediate is essential to ensuring that justice is truly protective, particularly for children and survivors.

    Just as we must be vigilant in digital spaces against subtle but coordinated reputational harm, we must bring that same level of vigilance into our courts—to recognize that harm can be quiet, strategic, and deeply destructive. Training and reform are not optional; they are critical for the safety and well-being of the families our courts are entrusted to serve.

    Legal Disclaimer

    This blog post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. For advice about your specific legal matter, please consult a qualified attorney.

    About the Author

    Sally Castellanos is a California attorney and the Author of It’s Personal and Perspectives, a legal blog exploring innovation, technology, and global privacy through the lens of law, ethics, and civil society.

  • Ensuring Children’s Privacy and Safety in the Digital Age: TikTok and the AI Dilemma

    Ensuring Children’s Privacy and Safety in the Digital Age: TikTok and the AI Dilemma

    By Sally Vazquez-Castellanos

    Republished on September 23, 2025 at 7:02 pm.

    In the face of rapid technological advancement, both policymakers and tech companies are dealing with increasingly complex issues concerning the online safety and privacy of children. Global laws and regulations, such as the EU’s AI Act, were implemented to address these challenges.

    When considering the plain meaning of recent executive orders as well as the ongoing conflicts in Ukraine and the Middle East, we must understand that TikTok’s issues are a national security nightmare for the United States.

    TIKTOK and National Security Concerns

    In a recent article from Reuters, President Trump’s proposal to have TikTok sell its U.S. interests remains on the table days after the deal was said to be on hold.

    TikTok is at the forefront of debate regarding national security and children’s privacy. In recent years, concerns have grown about how the platform handles user data. We have seen executive orders aimed at addressing the collection of sensitive data from American consumers by foreign adversaries, prompting recent presidential directives against TikTok to mitigate the risk to national security and children’s privacy.

    TikTok, a widely used app among children and teens is heavily scrutinized for the company’s data collection practices. The U.S. government, under both President Trump and President Biden, has taken steps to limit these concerns, citing the need to protect national security and critical infrastructure and technologies.

    President Trump’s Executive Order Issued August 6, 2020

    President Trump’s executive order expressly states that there’s a national emergency with respect to critical infrastructure and technologies. The presidential directive addresses the need to secure Information and Communications Technology and Services in the United States. It also deals with mobile apps developed and owned by companies in China that threaten the national security, foreign policy and economy of the United States.

    The AI Act and Global Perspectives

    On a global scale, the EU’s AI Act aims to regulate artificial intelligence technologies, focusing on transparency, accountability, and personal data protection, especially as the ‘internet of things’ increasingly becomes integrated in all of our lives. The use of artificial intelligence without guidelines and regulation, including Google workstations and other smart technologies at schools nationwide, could pose a significant threat to our nation’s children and educational system.

    Artificial intelligence regulations are part of a broader effort to safeguard users globally, inspired by important regulations such as privacy and General Data Protection Regulation in the United Kingdom (GDPR). A regulation such as GDPR treats data privacy as a fundamental human right. We have similar constitutional and state law authorities in California such as the California Privacy Rights Act (CPRA), but under federal law it’s much more complicated.

    Conclusion

    The intersection of technological innovation and children’s safety online demands ongoing attention and adaptation of a number of laws, policies and practices. We must address national security concerns with platforms like TikTok, which includes the ethical use of artificial intelligence.

    Security concerns for our nation, which includes the national economy, also demonstrates a profound need for regulation and policies at the federal level that carefully considers comprehensive regulations like the EU’s AI Act. Meanwhile, stakeholders continue their important work towards providing a safer digital environment for children worldwide.