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TMKelly76

Ex takes and breaks child’s phone

9 posts in this topic

I bought an extra cell phone and pay the monthly fee for the phone. I allow my 11 year old to carry and use the phone for her safety and convenience. By court order, my daughter spends every other weekend in her fathers care. During her last visit, he got upset with her for calling me and took the cell phone from her against her objections and without my knowledge and consent. While in possession of the phone, the device was broken beyond repair. Is he responsible for the cost of replacing the phone?

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10 hours ago, cbg said:

Are you prepared to prove that this is not true?

Prove that he broke it or prove that it was/wasn’t an accident?

 

I am not disputing that it may have been an accident. I don’t believe I can prove there was any I’ll or malicious intent with regard to the phone being broken.

 

My question is really more about whether a person is legally responsible for damages they cause, even if the damage is not deliberate.

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7 hours ago, pg1067 said:

Yes.  I'm sure filing a small claims suit against him will improve your relationship.

I am more interested in holding him accountable for his actions and the subsequent damage than improving a non-existent relationship. I believe we are all responsible for our decisions and actions, regardless of the person or history involved. If I make a decision or mistake that results in damage or harm, I have a moral obligation to right my wrong, but I’m not sure if I have a legal obligation.

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I think it would be nice if he offered to reimburse you for it. If you took him to small claims it's not impossible that you'd win. But if you are looking for a law you can invoke that will force him to reimburse you whether he wants to or not and without a small claims action, there isn't one.

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