Legal Question in Family Law in California
non licensed parent driving child
my ex-husband does not have a valid drivers license and continues to drive my child in a car during his court appointed visits. our papers state that a licensed and insured driver is to pick up and drop off our child for visits, his girlfriend does this; he does not drive to pick up or drop off the child. both my child and the girlfriend have told me he drives and he has admitted it and says he will continue to do so. What legally if anything can I do to stop this without violating any visitation orders in place?
1 Answer from Attorneys
Re: non licensed parent driving child
If you have sufficient proof that he is driving with your child in the car, and is unlicensed, an OSC contempt can be filed. If the court finds beyond a reasonable doubt that he violated the court order he can be put in jail for 5 days for each incident of violating the court order.
A finding that he is in cometempt could then be used to support your motion to modify visitation so that his visits are supervised.
Both of these motions should probably be brought at the same time on the same date.
Retaining an ttorney to assist you in this matter would be advisable, as the contempt process can be difficult, as the court strictly construes the law. That is all the t's must be crossed and the i's dotted.
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