Safety of Vehicle


#1

Dear TryingMyBest:

Greetings. If she has supervised visitation, how does she get to pick them up herself in her vehicle? I am not sure that I understand.

Also, I would file a Motion to Show Cause before you try to use a “self help” method of telling her that she has to do something. Only the court can order another parent to do something (even if it is having a safe vehicle). Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#2

Are you CRAZY?! You let her drive the kids in a car with expired tags and no inspection and no insurance?! Be a MAN and tell her no way! That is AGAINST THE LAW. Your ex is really breaking the law. Next time she shows up and wants the kids in the car then call the cops! In NC they impound the car and that will solve your problem. It sounds like she is driving a real junk heap. You are risking your kid’s lives!!! Health insurance wont pay the bills if you get in a accident and get hurt in a car that doesnt have insurance I think. You gotta stand up and be a man and take care of your kids. Call the cops next time and don’t let her leave your driveway.


#3

Thank you for the idea, Bill. I hadn’t thought of it from a “breaking the law” point of view. Spoke to two local police officers in our small town “off the record”, and they are now aware of the situation. The next time she arrives with that car I will check, and if it is still unregistered, uninspected and uninsured the local police will receive a call. They promised that that car won’t make it out of the parking lot!


#4

What the heck? I am confused. Did Bill just thank himself?


#5

LOL!! Very funny :slight_smile: You made my day! [:D][:D] Sorry not to respond sooner.

Unfortunately we don’t live in a small town where we can just talk to our local police and have them respond to a situation in two minutes. I hadn’t considered calling the police because the animosity level is already very high and I don’t want to add fuel to the fire. She would leave long before the police arrived. The last two visits she has been driving her father’s vehicle, so I think she has figured out that the status of her car is a problem - probably from reading this forum!

Thanks for your thoughts Bill. I will make a point to call the police station and ask what I should do. They likely will not do much about it. Perhaps an anonymous call from a neighbor…?

We will be including this issue in my proposed parenting agreement. If that comes to a dead end then it will go to court along with many other issues. In the meantime as long as she drives this other vehicle the children should be safe and that is my primary concern.


#6

I am glad to hear that your children’s safety is your primary concern. Many people can’t see the children’s welfare through the conflict and I am glad to see that you can see that. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#7

My ex transports our children in her car during her visitation with them. I just found out today that although she has lived out of state for almost two years, her car still has NC plates, the registration is almost a year past due, and the inspection is almost a year past due! I do not understand how the car is insured in case there is an accident.

The car is a real wreck, and I know of two instances where the tire has blown out(luckily not with the chidlren in the car).

I have physical custody, she has court-ordered supervised visitation. Am I within my rights to insist that the children only be transported in a registered, inspected,insured vehicle, and only after I have received proof of insurance??

Thank you.