Mel, 41, has been granted a temporary restraining order against Stephen, 41, after she accused him of abusing her, getting their nanny pregnant and forcing her to take part in threesomes during their almost 10-year marriage but Stephen is asking the judge to give him visitation rights to their daughter Madison, five and Mel's 10-year-old child Angel.
According to court documents filed by Stephen and obtained by the Daily Mail, he said: ''I am in fear that Petitioner [Mel B] is involving the children in the dispute and attempting to alienate me from the children and is using the temporary restraining order as a sword rather than a shield.
''Further, it is clear Angel misses [the] Respondent and desires to see him. On April 9 Respondent received a series of heart-wrenching text messages from Angel stating 'Hello Daddy, I love you, Daddy?, Daddy, Where are you'. Angel followed the last message with a crying emoji icon.
'Unfortunately, due to the temporary restraining order ... Respondent was unable to respond to Angel and let her know he loved her as well, that he was alright and missed her and Madison very much and that he could not wait to see them.
''Shockingly, [Mel] was made aware of this and did nothing.''
Angel's father is actor Eddie Murphy but Stephen insisted Angel calls him Daddy and is asking for visitation rights to her along with Madison.
He added: ''I miss our children and am sure they miss me dearly. I can only speculate that they must be wondering where I am or what has happened to me, as I am unaware what Petitioner has told them, if anything.
''Angel and Madison ... were well bonded with Respondent who treated both children with equal love, affection and care.
''To deny Angel and Respondent any contact and allow contact only between Madison and Respondent would be extremely detrimental to both children.
''Angel will feel excluded and rightfully confused by her inability to have contact with the only father she has known.''