I have physical custody with shared legal, and we have a 50/50 time split. Our orders say nothing about phone calls, only that we have to answer back anything about the child within 24 hours. The child never asks to call the other parent at either house. The non-custodial parent has recently been demanding Skype calls a few times a week, getting very upset when not available immediately. I don't feel it is necessary for the other parent to be contacting the child because we have equal time, I have been letting it happen once a week on my time but I feel that it takes my time away from me. The other parent is now threatening court, saying I am denying contact. There is no order about it so do I have to allow it?
Even though the court order does not require phone contact, you may want to reach an agreement on this issue. The agreement should be reciprocal to allow you contact during the other parent's custodial time. If the court does not include phone contact then you are not likely to be held in contempt but the court can modify the order. Best wishes.
Its always a rule of thumb to go back to the order/judgment. If the writing is silent on the subject, and if the issue is pressing, you can consider going back to court to seek a clarification. This is done as a "complaint for modification".
I must caution you however, the Court looks to the ability of the parents to co-parent; all decisions should be made in the best interest of the child. If the two of you cannot reach agreements as to what benefits the child most, and continue to return to the court for a solution, the Court may decide neither of you are suitable parents. Try not to cling to resentments and try to find a compromise. It wills ave you time and money and will spare your child witnessing vitriol and hostility between his parents.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
It depends on what is in the current order or judgment. Telephone communication or FaceTime, Skype, etc. communication is sometimes left out of orders or agreements. The only logical explanation is that, when the parties entered into the agreement to begin with, it was either an oversight or everyone involved figured the parties would be able to work this out. Either way it was a non-issue or it would've been made a focus. The court is generally going to expect you to work things like this out and for both parents to be reasonable. However, the court also realizes that is sometimes not possible. If the order or judgment is clear that you are required to facilitate communication with the other parent, I would generally recommend clients to follow that order, the only exception being some sort of safety issue. You have such an issue exists, however, you would want to file a modification immediately, potential he asking for temporary orders on a more urgent or emergency basis. Not following a clear order his contempt, so you want to avoid that.
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