Child has cell phone and biological dad says "NO"

in most cases i would agree that 11 is too young for a child to have a cell. however in your case i think it would be acceptible especially because as you stated she needs to be able to talk to both parents every day. i know that some people would say have the child call when she is home or call the child at a specific time every day to talk but this doens't always work. i kind of have a same situation. my daughter only goes to her dad's every second weekend but i'm suposed to be allowed to talk to her once. her dad got a cell and said that way i'll always be able to reach them. they don't answer the home phone when i call and barely ever answer the cell. so it's a good thing he got it so i can always reach them. anyway in your case it'd make sure she keeps the cell. the only reason he doens't seem to want her to have it is because he won't be in control of when you call or won't be able to record the conversation. just comprimise that she have it after school or on in the evenings so you can call between a 3 hours perios. don't just use it to spy cause that's probably what he's thinking.

I do think that 11 is too young for a cell phone. The problem here isn't the cell phone though, the problem is the child not being able to talk to her parents. If you have a court order stating that she is allowed to talk to you daily then you need to take him to court and make him comply. Also, I don't know what state you live in, but in most states recording telephone conversations without the consent of both parties is illegal. You need to contact your attorney (or an attorney if you don't have one) and get this issue before a judge immediately! Your daughter needs to be able to talk to you when she is visiting with her dad. She does not need to be allowed to bring the cell phone, but she does need to be allowed to use his phone to call you. Also, if she brings the phone and he smashes it, unless he paid for it then he will be legally responsible for replacing it.

In this situation I would go back to court and tell them that he is refusing to l ive up to the agreements set down in the clauses addressing daily contact. Short, sweet, to the point. If the court decides that she cannot have the phone then so be it. but I wold make sure he had to state his position in a venue where it was documented with all the other orders concerning the child.