Q: Is it a violation of injunction/no contact if you call your child with cellphone provided by the other parent?
I have a protective injunction with no contact in place against my ex husband. I provided our 15 year old with a cell phone. She is the authorized user and the number/line is in her name. Her father believes it is a violation trap of the injunction for him to call her on the phone as I pay for the phone. I believe this is incorrect since when he calls that phone he is contacting her not me. He is now having her power off the phone when she is in his home and she is not allowed to use it. He allows her to call him from the phone when she is in my home.
A: If the injunction provides that he is not to call you, it could be read to mean that he is not to call any phone in your home. So technically, he may be correct. But it is hard to imagine he could get in trouble unless you were to answer your daughter's phone; otherwise who is going to make an issue of it with the court?
A: When the child is with him, it is his option if he wants to permit her to have the phone to use or not. It does not appear that this has anything to do with the injunction as you indicate that the phone is used by her when she is at your home and, when at his home, he asks her to power off the phone.
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