Q: Nightly call clause is not specific. Can we be held in contempt for not making call? Massachusetts
Clause- “while child is of young age and unable to contact other parent without assistance of custodial parent, the partIes shall engage in a nightly telephone call to allow the child to allow the child to communicate with noncustodial parent”.
This was implemented when child was 3. Dad was going 5 nights without seeing her and requested this. She is now almost 6, only goes 3 nights at most without seeing either parent and begs us to not make her call her mom. She is able to take our phones and FaceTime or make calls without our assistance. We have attempted to discuss this but have gotten nowhere with her mom (who originally said she did NOT think a nightly call was necessary, but now will not consider her daughters wishes). We have made clear we would continue to make it clear, daughter can call anytime she wants; it just wouldn’t be this strict “nightly call” we are making her do. Can we be held in contempt if we just stop calling?
A: 6 is a young age and there is potential for a Contempt Complaint to be brought against you for not making the calls occur .
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