DAIGNEAULT v. DAIGNEAULT, 65 Mass. App. Ct. 1109 (2005)

No. 05-P-38.Appeals Court of Massachusetts.
December 20, 2005.

Decision Pursuant to Rule 1:28.

Paragraph two of the Judgment of Modification dated September 27, 2004, is modified to limit the children’s use of the telephone to the hours of 7:00 A.M. to 9:00 P.M., and only for the purpose of making calls to and receiving calls from their father; par. two is further modified to provide that, while the mother shall not prevent, deter or disrupt such communication between the children and the father during the prescribed times, she may oversee and enforce such use limitation. Paragraph one of the Judgment of Modification, regarding child support, is vacated and the matter is remanded to the Probate Court for further findings. In all other respects the Judgment of Modification is affirmed.