Legal Question in Family Law in California
Technical Rock Climbing During Visitation
My ex-husband took our 10-year old son to climb a 2,000 ft. vertical rock face in Yosemite, and lied to me about their plans, stating it was a fishing trip. This activity is very high risk and can be physically and psychologically overwhelming for adults. In my opinion it is not appropriate for a minor child. How can I prevent my ex from doing high-risk activities with my son in the future? I have sole physical custody and we have joint legal custody. Thank you!
1 Answer from Attorneys
Re: Technical Rock Climbing During Visitation
In a perfect world, the family court would have a remedy or formula to deal with such situations. You could seek a court order prohibiting your ex from doing such activities with your son, but the only way to physically stop such plans would be for you to stand at the foot of the mountain with a policeman and yell "stop or you'll be arrested for violating the court order". As a practical matter, there's little the court can do--even with an order.
Have you considered mediation with your ex? Maybe if he understood your concerns (and you understood his perspective) you could reach an agreement about these kinds of risk-decision issues.
Good luck.
Diana Mercer
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