WillIbe in contempt if I no longer allow my husband to have his court ordered telephone conversations with my children?

I have a 1 year restraining order protecting my children and I from my abusive husband. He does however get a single phone conversation each night with the kids ages 5 and 2. He upsets our 5 year old each day by telling her things are mommy’s fault. She can’t handle it and does not wish to speak to him nor do I want to continue the phone contact. I tried asking him to stop and explained what it was doing to her but he won’t listen and won’t stop. He also owes me $2,500 in rent arrears that he was ordered to pay.

Asked on September 22, 2011 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so it really depends on what you want to do here or rather when you want to do what you need to do.  You need to go back to Court and to ask the court to modify the order forbidding him from speaking with the 5 year old as he is causing her emotional trauma and it is "not in her best interests."    You also need to have him held in contempt for the money he owes you and to request that the court issue a judgement against him sot hat you can garnish his salary.  It is really a lot for you with such small children. Hopefully he will see the error of his ways and rectify the situation so that he does not do irreparable damage to his relationship with his kids.  I wish you luck. 

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