Can You Use GPS to Track Your Child During a Custody Dispute?

 Posted on July 31, 2025 in Family Law

During a high-conflict custody dispute (known as allocation of parental responsibilities in Illinois), you may be tempted to place a GPS tracker in your child’s backpack or phone for peace of mind. While using GPS technology to keep tabs on your child’s location can make you feel more secure when he or she is with your ex-spouse, there may be legal concerns to consider.

In fact, using a GPS tracking device without the other parent’s knowledge could potentially impact your family court case adversely, or even lead to criminal charges. Before taking steps to track your child’s location, gathering accurate information is crucial. This is a subject that definitely should be discussed with your Wheaton, IL family law attorney before taking such a serious step.

Why Do Some Parents Turn to GPS Trackers During Parenting Time with the Other Parent?

There are several motivations that could prompt a parent to place a GPS tracker in their child’s backpack or on the child’s phone. In today’s uncertain and often unsafe world, safety concerns would certainly be at the top of the list.

But in most cases, parents who are locked in conflict are installing trackers less to keep their child safe from unknown predators and more to keep tabs on the other parent. In some cases, this is a valid concern, especially if the other parent has threatened to take the child to another state or country. Other motivations for placing a GPS device in a child’s backpack, phone, or watch include:

• There have been allegations of abuse or neglect regarding the other parent.
• The parent who placed the tracking device is monitoring whether the other parent is complying with parenting rules.
• The parent who placed the tracking device wants to keep tabs on the other parent as much as on the child.

A tracking device can take the form of a tracking app, such as Life360 or Apple’s Find My, or it can be a physical GPS device.

Is GPS Tracking Your Child Legal in Illinois?

Illinois does not have a statute that specifically bans GPS tracking of one’s own child, but how you track and why you are tracking matters. If the tracking crosses over into surveillance of the other parent, privacy laws may be violated. Illinois does have eavesdropping and surveillance laws, which make it illegal to use electronic devices to intercept communications or monitor another person without his or her consent.

Furthermore, if the other person feels harassed or endangered, he or she may seek an order of protection. If the electronic device, intended to protect a child, veers into spying on the other parent, the court may view it as an invasion of the other parent’s parenting time, poor co-parenting, or controlling behavior. In short, placing a GPS tracking device can end up compromising your own parenting time and the allocation of parental responsibilities.

Will the Court Ever See Placing a GPS Tracker on a Child as Justified?

For children with special needs, a child who has threatened to run away, or those with documented safety issues, a GPS tracker could be warranted. Ensure you consult with a family law attorney, obtain court permission, or include GPS tracking use in the parenting agreement, rather than doing so secretly. Depending on the circumstances, some judges may allow mutual GPS tracking apps by agreement between the parties.

Contact a DuPage County, IL Family Lawyer

If you are considering using GPS to track your child, seek legal advice from an experienced Wheaton, IL family law attorney from Mirabella, Kincaid, Frederick & Mirabella, LLC.  MKFM Law serves family law clients at our offices in Kane County, DuPage County, and DeKalb County. To schedule your initial attorney meeting, call 630-665-7300.