Q: Is it likely judge would rule contempt if nightly call not done as child is older & can call without assistance?
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. Is it likely judge would rule it to be contemptible if call not made, as the order is vague?
A:
It is really hard to say how a judge would decide, but as long as you are making an effort in good faith and the child doesn't want to, there isn't much you can do. It does sound like your daughter has outgrown the way that section of your agreement is worded. You may want to start the call and hand it to your daughter and if she hangs up, she hangs up.
To be found in contempt there has to be a "clear and unequivocal order", and it doesn't seem like that section would meet that criteria since your daughter no longer needs assistance with the calls. My answer is just based on the information you provided, however, there could be more background and other factors that a judge may consider if they are familiar with the case. Even if someone knew all the relevant details and background, judges have significant discretion so there is no way to definitively say one way or the other how a court would decide the issue.
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