hen you are 10 years old and face the immense task of
deciding what to wear for your school photos, nothing is as
important as Mom's advice. So Ashton Kaleita did what any little
girl would do: She pulled outfits out of her bedroom closet and
modeled them for her mother, then fixed her hair to show the style
she was considering.
No matter that her mother, Tawny Kaleita-Sniderman, lives in
Lancaster, Ohio, 800 miles from Ashton's bedroom in Winter Springs,
Fla., where Ashton lives with her father, Gary Kaleita.
Since December, when her mother and stepfather moved out of the
state, Ashton has had regular gab and giggle sessions with her
mother through videoconferencing.
Jumping about in front of the camera mounted on her computer, she
models clothes and shows off the sculptures she has made in art
class. She pleads with her mother to corner her three dogs,
including a 70-pounder named Rocky, and hold them up to the camera
so Ashton can tell them she loves them.
"These are the things you can't get over the phone," said her
mother, who sees Ashton in the flesh on long weekends, many holidays
and much of the summer. The rest of the year, she keeps in touch in
part through the small window on the computer screen.
Setting up the camera was more than a nifty idea, however. It was
ordered by a judge. Ms. Kaleita-Sniderman had hoped to take Ashton
with her to Ohio, where her new husband had been offered a job. She
suggested videoconferencing to the Florida judge as a means of
keeping her former husband in daily contact with their daughter.
To her surprise, the judge decided that Ashton should stay in
Florida with Mr. Kaleita, a real estate lawyer who has also
remarried. But the judge liked the idea of videoconferencing enough
to order the parents to share the cost of the system.
They bought Web cameras and up- to-date computers that included
Microsoft NetMeeting
software, which has been bundled with Windows since 1996. Their
voices and faces are sent almost instantaneously over the Internet
and appear in a window on the other computer monitor.
Video visits have also gotten a nod of approval in New Jersey. In
January, an appeals court judge commended a mother's offer to set up
an interactive Web site for her 9-year- old daughter and the child's
father as "creative and innovative." The mother, Kyron Henn-Lee, had
asked to take her daughter to California, where she had been offered
a job. A lower court had turned down the mother's request to move,
but the appeals court said the Web site idea was viable and told the
lower court to reconsider. Before the final ruling, however, Ms.
Henn-Lee decided not to move.
Stephen J. Harhai, a divorce lawyer in Denver with expertise in
technology issues, said that videoconferencing would soon become a
bargaining chip for divorced or separated parents who want to move.
"There is enough merit to it that the parent, particularly the
one who is proposing the relocation, will start using it very
commonly," he said. "It absolutely aids the relationship with the
left-behind parent and therefore makes it easier for the judge to
permit the move."
That is just what alarms David L. Levy, president of an advocacy
group called the Children's Rights Council. He fears the effects of
any technology that helps one parent remain at a distance. "These
virtual realities are being allowed as justification for a move-away
across country," Mr. Levy said.
But legal experts say there have been few custody cases in which
videoconferencing was considered. David E. Cherny, president of the
Massachusetts chapter of the American Academy of Matrimonial
Lawyers, said, "I don't think there is a groundswell of people
running out of court with their Intel hookups."
Still, the cases have caused a stir in legal circles. Sharyn
Sooho, a divorce lawyer in Massachusetts, said that all her clients
and colleagues were talking about what Internet communication would
mean to them.
"You hear all the anxieties and doubts from both sides," she
said.
Noncustodial parents wonder whether judges will eventually
substitute visits via the Web for face-to- face visits. "That was
the concern," Ms. Sooho said, "that it would be an easy fix."
But custodial parents are wary of the technology as well. Where
will the cameras be pointed? What else in the home will the other
parent see? When can the cameras be used? And who pays for the
equipment? The details are even more devilish when the parents are
suspicious or spiteful.
Courts have long recognized technology as a way to ease the pain
of separation in custody cases. Today, judges often order divorced
parents to provide private phone lines, e-mail accounts and instant
message accounts for children who split their time between two homes
so the children can have private communications with each parent.
Although the videoconferencing technology is becoming cheaper, it
is still used primarily as a business tool. Mr. Kaleita, who makes
use of the camera when his daughter visits her mother, said the
technology had a way to go before it became a fixture in homes.
"There are a lot of echoes," he said, "the picture is fuzzy,
there is a time delay on the sound. It is not really a meaningful
way to communicate."
And as with any new toy, some of the excitement has worn off for
Ashton and her mother, who now use the equipment only about twice a
week.
"More often than not, it's the phone," Ms. Kaleita-Sniderman
said. "She's kind of centered when we're on the phone. When she's on
videoconferencing, she wants to show me stuff. I get these little
tracks of Ashton across the room."
Still, she sees the videoconferencing technology as worth the
expense. "I use it because that's the only way I see her," she said.
"We could just sit there, and I could watch her hair grow. That's
worth it."