Can my daughter's father take her cell?

My husband and i got my daughter a cell phone. When my daughter does go to her dad's he never tells her we call. We are supposed to have a open line of communication. But that never happens. So we daughter our daughter a cell phone this way he can call her on it and we an talk to her on it when she is not home. He has told us that when she is with him he is going to turn her phone off and not let her us this. Can he do that? We pay for this phone not him.