Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too.
They are hard to enforce (because it is sometimes hard to prove the monitoring is taking place and/or who is behind the monitoring), but orders governing use, misuse, and abuse of technology and surveillance can and often are included in orders connected with divorce.
It is also a crime to monitor certain types of electronic communication secretly and without the knowledge and consent of the monitored person(s).
Such surreptitious monitoring may also rise to the level of civil stalking, in which case you could pursue a civil stalking injunction or other kind(s) of protective order.
If you or your children are being monitored surreptitiously or if you suspect such a thing, you may want to inquire with a criminal defense attorney or prosecutor, to see whether what your ex-spouse is doing rises to the level of a crime or crimes. You could ask your divorce attorney about this too (particularly in regard to whether you can and should pursue a civil stalking injunction or other type of protective order), but family law attorneys often do not have the same level of knowledge and expertise in these matters that attorneys who deal with criminal matters do.
If you are thinking of calling the police about this first, you would be wise to consult an attorney about it first, before you decide whether to involve the police.
Finally, just because one can do something does not mean one should. If you can resolve this problem satisfactorily and in a legal, lawful, decent manner without having to embroil yourself, your children, and your ex-spouse in the criminal and civil legal systems, that is usually the wisest course of action. Don’t act rashly or out of anger, fear, or spite in this situation.
Utah Family Law, LC | divorceutah.com | 801-466-9277
