Is it in the best interest of the child

[pickupsticks]

   Court Order reads:
   The FATHER shall have the right to telephone CUSTODY every Tuesday and Thursday commencing between 7:00 p.m. and 8:00 p.m. In the event the FATHER'S custody period lasts more than one week, the MOTHER shall have the right to telephone CUSTODY following the same days and times.

Father lives in Georgia. Mother lives in North Carolina. Child is 10 years old.
Father filed for a change of custody this summer due to half brother sexual abuse to daughter. Mother admitted to the knowledge of this happening but did not tell Father and asked daughter to keep it a secret.
Court ordered an evaluation of child in North Carolina. Mother has not completed this (4 months later).  Custody is still pending.

Daughter informed father during his last visit  that Mom listens in on all of her conversations between father and daughter .

Father asked mother in a phone conversation and she admits to doing this and claims it is her right and that she will continue to do this. She would not explain why.

Questions
1) Is it in the best interest of our child to be aware that Mom is listening in on all phone conversations? I believe it keeps our daughter from telling me things such as when her half brother visiting.

2) Is it legal to do?

3) Do I bring this up in court?

4) Mom doesn't listen in on her other daughter's phone calls to her father.  Could I associate this with the court order that states the following:
The parents of the minor Child shall refrain from committing any act of harassment toward one another and shall refrain from any conduct intended to degrade the other parent, and shall at all times conduct themselves in a manner of peace and tranquility tward one another while in the presence of the CHILD.

5) When my daughter told me that her half brother had come to visit for Thanksgiving..Mom said..."everything is fine" from another extention and I politely asked her to hang up the phone as I was not talking to her. My daughter said to Mom,"Leave my daddy alone". I think something is wrong with this picture but how do I fix it?

[socrateaser]

>1) Is it in the best interest of our child to be aware that
>Mom is listening in on all phone conversations? I believe it
>keeps our daughter from telling me things such as when her
>half brother visiting.

The "best interests" standard is extremely vague and ambiguous, so, even with the specific facts you present, I couldn't analyze the outcome in court with any certainty. If you want to argue that it's not, then you would plead to the court exactly as you have to me, i.e., that "this action on the mother's part may be having a 'chilling effect' (magic legal words) on the child's ability to disclose possibly criminal abuse against her done by her half brother."

>
>2) Is it legal to do?

Your court order says telephone "custody," and as I suspect you are trying to suggest, this is an unusual use of the word. I would imply it to mean that during the phone time the parent with custody has the right to control the child and her associations in the same manner as if physical custody were asserted. The problem is that, for example, if both parents and child were on the street, the parent with custody, could only move the child away from the other parent in order to have a private conversation. The other parent could simply walk closer again, and there would be little that the custodial parent could do. Therefore, it doesn't appear that this activity is violating the court order.

And, as you are on notice that the other parent intends to intercept the phone conversation, your continuing to engage in that conversation acts as implied consent to the interception, so there's no criminal interception of electronic communications here, either.
>
>3) Do I bring this up in court?

Absolutely. You want the court to grant you exclusive and private conversation time, so that if the other parent intercepts again, you have grounds for contempt.
>
>4) Mom doesn't listen in on her other daughter's phone calls
>to her father.  Could I associate this with the court order
>that states the following:
>The parents of the minor Child shall refrain from committing
>any act of harassment toward one another and shall refrain
>from any conduct intended to degrade the other parent, and
>shall at all times conduct themselves in a manner of peace and
>tranquility tward one another while in the presence of the
>CHILD.

Maybe, but it's all very vague and not enough to get a contempt order, in my opinion.
>
>5) When my daughter told me that her half brother had come to
>visit for Thanksgiving..Mom said..."everything is fine" from
>another extention and I politely asked her to hang up the
>phone as I was not talking to her. My daughter said to
>Mom,"Leave my daddy alone". I think something is wrong with
>this picture but how do I fix it?

See above.