Q: I have a court order stating that my child may only be transported by a
party holding a valid US license. NCP has no valid US license but
continues to drive a vehicle registered by a friend. She's not listed
on insurance as authorized driver, I'm certain. Today she had her
cousin who's visiting from another state transport our son in this
vehicle. I explained to her that I wasn't comfortable as I'm pretty
certain this cousin is not listed as an authorized driver either. NCP
just got 2nd ticket for unlicensed op and they still haven't taken
vehicle from her. Is there any language I can get put in to final order
that bars NCP from basically circumventing the law to transport our son
or any way to compel the facilitator to appear before judge and explain
why she allows unlicensed driver.
A: David's Answer: The issue (to me) isn't so much of
an authorized or unauthorized driver, but more whether the NCP is
violating the strict terms of the order. If she is, then right her a
default notice letter asking her to cease violating the order. If she
doesn't abide, file a violation petition. Schedule a consult with a
Child Custody lawyer in your area for more info.
-- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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