Legal Question in Family Law in California
My exwife has purchased a cell phone for our youngest of 3 boys, I have cell service for our middle son and our oldest is 18 and headed to college in the fall. She actually purchased the cell phone for our youngest over almost 2 years ago and has blocked my home number, my 2 personal cell numbers and my wifes cell number from it. I believe this is violating our MSA in that I should have unlimited access to my son and she said that because it is her phone that she purchased she can deny access as she sees fit. My parents have access to this cell phone and as far as I know no one else is blocked but me and my wife. Do I have a leg to stand on here? I was told that she in contempt of court for violating a court order. Is this true?
2 Answers from Attorneys
Unless the court order addresses the issue of who must be allowed access to cell service she purchases for him, she is not in contempt of anything. She is under no obligation to provide you with cell phone access to him. It is not like she is blocking any access you had before she bought the phone, or that you had at the time of the order. So why would she be in violation of anything by buying a phone and service without giving you access?
You would have to have a specific order for her to allow you to have access before you could bring any type of contempt proceeding. Courts exercise their contempt powers very carefully, and not on the basis of an order that is vague about unrestricted access.
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