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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9340
Experience:  I have been practising for 30 years.
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Can my ex husband take our 10 year old on a motorbike

Customer Question

Hi there, Can my ex husband take our 10 year old on a motorbike without my consent? He sees our son every two weeks. We have joint custody. We live in Scotland.
Thank you in advance.
Submitted: 12 months ago.
Category: Law
Expert:  F E Smith replied 12 months ago.

Throughout the United Kingdom, there is no minimum age for someone to be a pillion passenger on a motorcycle. The statutory requirements such as the rider having a full licence, the pillion passenger list where the suitably constructed helmet approved to British Standard, and there must be footrests to allow the passenger to put their feet on.

That is, apart from the practice of wearing suitable protective equipment.

The child’s father, who presumably has parental responsibility along with you has as much right to take the child on a motorcycle as you do to object. If he does not have parental responsibility for any reason, then he is not entitled to do this if you object.

If he ignores you protestations which are quite understandable, you would have no alternative but to take into court for an injunction to stop him doing this on the basis that the child is at risk of injury.

Can I clarify anything for you?

Customer: replied 12 months ago.
to clarify, since we have joint custody this means that he is under no obligation to respect my objection and can take my son on a motorbike whenever he likes. Thank you in advance.
Expert:  F E Smith replied 12 months ago.

If he has parental responsibility, he has as much right to do this as you do to object.

It’s no different than if he wanted to take the child to the cinema and you didn’t want it. I appreciate their child welfare issues here.

However, even if he did have the right to do it, and he decides to go ahead regardless and ignores your wishes, you still have to take him to court to get the injunction to stop him.

In my opinion, you would get that injunction and its reckless of him. However if he ignores your protestations, your only remedy is mediation and ultimately court

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.

FES.

F E Smith and other Law Specialists are ready to help you
Customer: replied 12 months ago.
Thank you very much for your help.I am going to send him an email clearing stating that I do not give him my consent to take my son on a motorbike. I really hope that he respects my wishes as I believe that taking matters further will put a big strain on everyone.However if I don't object and something were to happen to my son, I could never forgive myself knowing that I could have prevented it.Can I just clarify? Is parental responsibility the same as joint custody?Thank you.
Customer: replied 12 months ago.
I think I have found the answer to my question. We were married when my son was conceived so my understanding is that he does have parental responsibility.
Expert:  F E Smith replied 12 months ago.

Custody, (now called residence) is distinct from Parental Responsibility. A parent without parental responsibility will not usually get residence.

You can have parental responsibility without having residence.

A mother gets parental responsibility automatically.

A father gets parental responsibility if the couple are married at the time of conception of the child, the father is named on the birth certificate or there is parental responsibility from the court.

I think your proposed course of action is a good idea, initially at any rate.