Driving with Children


Dear Jay:

Greetings. I agree with your wife. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


My wife and I are recently separated. My drivers’ license is currently under suspension, but I continue to drive. Prior to the separation, my wife had no problem with me driving with the children. Now that we are separated, she is using this as an excuse and making it difficult for me to see the children. She claims that she would be held criminally negligent if she allowed me to drive with the children now knowing that my license is suspended.

I realize that if I were stopped, I would be in trouble for driving under suspension, but the question is: Could she be held resposible for negligence?

Jay Spoor