Legal Question in Family Law in California

I would not argue with the custodial parent - he/she knows she is in violation, knows the order, and I would not give them an opportunity to call at another time by sending emails. I would consult an attorney to decide if the evidence is sufficient for the judge in your area (or on your case) to find contempt of the order has occurred. Documentation will be your best friend. I tell my clients to get a small notebook to keep with them and document everything - what was said, times, etc.. While some things are still he said-she said, at least you won't be contradicted due to faulty memory and bringing your credibility in as an issue.

Rhonda has provided very good advice. I would just add that no court is going to be interested in hearing from you after only two missed calls. There is no bright-line rule as to when the court will find it to be contempt, but contempt requires a willful failure to obey the order. I'm sure excuses can be made for two, even if they are shady excuses. Your own reasonable judgment as to when it would be clear to anyone that, even giving the custodial parent every reasonable doubt, the custodial parent is disregarding the order, is probably a pretty good guide to when a judge would want to hear about it. Just be sure to be objective as you can.

I also need to disagree with Ms. Beers that you should not give them an opportunity to call by sending emails. First off, your kids need to hear your voice. Second, you don't want to give them the chance to argue that you didn't care about the violation and then all of a sudden decided to make an issue of it for ulterior reasons. If the call never comes on time and the only way you can get to talk to the kids is by sending an email every time, the court will issue a contempt citation on that just as much as if you don't get the call and you let it go, probably more likely if you object than if you don't.