VIC Giving Away Mobile Phone Under Contract - Theft?

[David bray]

My 12 year old son's mother gave him a new mobile phone as a gift but it was under contract to her. He has since swapped the phone for other items. She is now demanding the phone back and has gone to the police who are telling me they will arrest my son for theft and arrest me for being an accessory (as it was swapped to someone he met through me).

She has since cancelled the phone which is a breach of contract.

As the phone was a gift to my son, is it his to swap if he wants to? Or is it theft as the police are saying?

Any help would be much appreciated.

 

[Sarah J]

Hi David,

It looks like the phone was lent to your son to use, given that it was on a contract. Technically, it still belonged to the service provider. However, given your son is only 12, it's likely he did not appreciate the significance of this. I do not believe the police should be involved in what is essentially a family matter. Try and speak with the mother. I'm sure she would not want her son with a criminal record at such a young age. It is arguable that she is also an accessory to the theft as the phone belonged to the service provider and she gave the phone to her son to use (possibly in breach of the contract). Hence, her argument that you are an accessory will likely also pull her into the mix. Try and speak with the mother and ask her why she is pursuing this criminally? If she wants compensation, you can work out a payment plan.