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Well, we don't know what he said when he called the cops.
From his perspective, that was his phone. He was paying for it, for sure.
.
He gave it to her as a gift, so he transferred ownership of the phone to his daughter.
Many people do seem to believe a gift they give is still "theirs" for some reason and they can demand it back at any time. It's a strange belief.
I'm friends with a woman whose husband tried to get back jewelry he gave her as gifts during their marriage. He claimed they were bought as investments. However, she had kept the birthday, anniversary cards he gave to her stating these were gifts and the court upheld this and he didn't get to keep the jewelry.
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Quote:
Originally Posted by PriscillaVanilla
He gave it to her as a gift, so he transferred ownership of the phone to his daughter.
Many people do seem to believe a gift they give is still "theirs" for some reason and they can demand it back at any time. It's a strange belief.
I'm friends with a woman whose husband tried to get back jewelry he gave her as gifts during their marriage. He claimed they were bought as investments. However, she had kept the birthday, anniversary cards he gave to her stating these were gifts and the court upheld this and he didn't get to keep the jewelry.
I would also invite you to google this.
If you give your child a gift, it's still legally your property because children can't own property.
Even if your child takes a side job at McDonalds, you can take all his money.
Doesn't seem right, but lots of laws don't seem right.
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So here's another thought. This incident happened in May. The mother apparently still has possession of the phone in September and has not given it back to the daughter.
Is the dad within his rights to demand it back? This isn't like a weekend deal, it's been months and who knows when his gift will be returned to his daughter.
What if this were reversed? What if the mom gets a little used car for her this Christmas and one weekend at Dad's she's late for curfew and so he garages the car for months and won't give it back to her. Then what? Can the mother say give me back that car I'm paying for.
I don't think this is worth the court's time and a criminal trial, but I do think she needs to give him back his phone after all these months since she seems to have no intention to return it to the daughter. At first this read like for a punishment, she took the phone for a little while. It seems now, as punishment, you no longer have this phone dad gave you.
Of course this isn't the sequence unless you're dealing with Barney Fife.
Charges are based on report, either written by police or person making the complaint. Any attorney worth hiring asks her background questions. Where'd she find him? She sounds totally green to the process and typically how most are until thrust into the legal system. Basically, anyone of us can have someone charged falsely. There's a huge difference between taking a phone for parenting and larceny conversion. Insinuation, if not outright statements made that this mom took her childs phone for her own use for a larceny conversion charge.
So here's another thought. This incident happened in May. The mother apparently still has possession of the phone in September and has not given it back to the daughter.
Is the dad within his rights to demand it back? This isn't like a weekend deal, it's been months and who knows when his gift will be returned to his daughter.
No where does it say the phone taken in May, still unreturned in September.
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Quote:
Originally Posted by virgode
No where does it say the phone taken in May, still unreturned in September.
The original arrest was in May, I believe May 11 or 12, and certainly in court it would have come out that he has his phone back.
Instead, what came out is she took it from her daughter as punishment.
Do you think she wouldn't have said and I gave it back to her first of June?
BTW, she has possession of the phone - it was there at the interview. I'm all over the map on my opinion of this case, but it does seem to me now that she took it because it was a gift from dad and she's not giving it back.
The original arrest was in May, I believe May 11 or 12, and certainly in court it would have come out that he has his phone back.
Instead, what came out is she took it from her daughter as punishment.
Do you think she wouldn't have said and I gave it back to her first of June?
BTW, she has possession of the phone - it was there at the interview. I'm all over the map on my opinion of this case, but it does seem to me that she took it because it was a gift from dad and she's not giving it back.
The case dismissed. Did they even get that far? I'd think if the court found she still had the phone 4 months later, they may have a leg to stand on.
You'll have to post your source. Some of us might like to read it.
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Quote:
Originally Posted by virgode
The case dismissed. Did they even get that far? I'd think if the court found she still had the phone 4 months later, they may have a leg to stand on.
You'll have to post your source. Some of us might like to read it.
The sources are all posted in this thread.
She was arrested the day before Mother's Day, in May, and she went to trial last week and it was during the beginning of her trial the DA decided, since this was a punishment of the daughter, this wasn't worth the court's time and dismissed the case (as she should have, IMHO, based on the value of the item). Still, it seems if she never intends to give it back to her daughter, she should return the phone to her ex.
She was arrested the day before Mother's Day, in May, and she went to trial last week and it was during the beginning of her trial the DA decided, since this was a punishment of the daughter, this wasn't worth the court's time and dismissed the case (as she should have, IMHO, based on the value of the item).
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