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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Can I stop the father of my 3 year old child (we are not together)

Customer Question

Can I stop the father of my 3 year old child (we are not together) driving my son in his soft top convertible car? I am terrified for his safety. I cannot see any laws against this under a certain age which is astounding.

If it is legal, is there anything I can do legally to stop him from driving him around with the roof down? I cannot sleep at night with this worry and threat of danger to my sons life. His car is road worthy, a Mercedes C Class and a 4 seater.

In 3 years he has never been in any other car than mine and so I am sure you can understand my concern. His father although a good driver can be wreckless having nearly killed himself in a motorbike racing accident several years ago.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is your specific concern - as you correctly say this is not in fact seen as a great risk?
Clare
Customer: replied 2 years ago.


Hi Clare,


 


To me it is a risk although the law doesnt seem to agree. My concern is the safety of my son if they had an accident with the roof down. So, can I through the courts ie a court order or another method stop him from putting the roof down when my son is in his car?

Customer: replied 2 years ago.
Relist: Incomplete answer.
I am still waiting for a further response after her question to me.
Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
If you wish to take action you will first need to research the incidence of accidents where a child has been harmed by travelling in this way.
Once you have this then if your ex will not agree with your request ( you will need to try and negotiate using Family mediation) the you can apply to the Court for a Prohibited Steps Order to prevent this behaviour
You will need to present your research to the court to convince the Judge that it is a risk
The form you need is here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c100-eng.pdf
I hope that this is of assistance
Clare

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