Well, just a quick update. It ended up working out fine. SS brought the phone in and immediately tried to mention calling his mom. I said, "Take that to your dad. It's not allowed here." He wandered off. I ignored it b/c we were in the middle of a NYE party. Ten minutes later, he was waving it around his dad (I think he wanted to just get busted and get it over with). His dad took it away. SS said, "Mom said to tell you I'm allowed to have it." DH said, "You're allowed to bring it; and I'm allowed to take it away. Just like always." So it was returned to him once BM was in the driveway to pick him up after the parenting time.

We agree that once he has a social need for it, we would allow him to use it. Until then, it will be taken away when he walks in the door and returned when he walks out. At this point, his only use for it is to text BM when he's supposed to be sleeping and to call her when he's supposed to be in timeout. The BM had requested that we be required to care for it, so that he can take it to school w/ him after DH's parenting time. It's so stupid. It just enables her to do things like leave him unsupervised and leave him waiting places while she runs late. Our attorney didn't response to her attorney's motion, so I guess the judge thought we didnt' care. I shouldn't complain. Our attorney was focused on the stuff that really mattered.

I am curious about the liability for it though. As DH follows up on some of the things that are in the most recent court order, he's going to inform her that although he will comply with the judge's order, he wants her to understand that we are taking no liability for her phone. Any damage or loss will have to rest with her since she will have the understanding that SS is still not going to be allowed to use it or hide it.

Hopefully after the financial repercussions of the order hit her, she'll have to cancel the dumb thing anyway. Thanks for all your comments!