How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask F E Smith Your Own Question

F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience:  I have been practising for 30 years.
Type Your Law Question Here...
F E Smith is online now

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: 2 months ago.
Category: Law
Expert:  F E Smith replied 2 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 2 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 2 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.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8444
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 2 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 2 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 2 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.

What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Jo C.

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
< Last | Next >
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • Kasare's Avatar



    Satisfied Customers:

    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice