Can I Stop Ex from Taking Daughter on His Motorbike?

Discussion in 'Family Law Forum' started by Lynsey, 6 May 2014.

  1. Lynsey

    Lynsey Member

    6 May 2014
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    My ex-husband had a very serious motorbike accident just before Christmas last year which almost killed him. My question is: is there a way I can stop him taking our 8-year-old daughter on his bike whilst she is in his care? I have asked him (very nicely) not to, as it scares me to death, but he just said it was my bad luck and I will just have to deal with it because he will do as he pleases. Is there a court order under family law I can put in place to stop him?
  2. CathL

    CathL Well-Known Member

    19 April 2014
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    Hi Lynsey,
    You could apply to the Family Court for a Parenting Order. The ultimate consideration of the Court when making a decision (and should be for the parties when coming to an agreement) is whether something is in the best interests of the child.

    See my previous LawAnswers Family Law Forum post about legally enforceable parenting arrangements: "Custody of Children Rights - Travel Distance?". I think the free family dispute resolution session that you'd need to go to before you apply for a Parenting Order (which you apply for if your ex and you can't agree on parenting arrangements) might be useful to turn your ex's mind to the key thing to be considered: the best interests of your daughter and whether he's looking after them by letting her ride passenger in his motorbike.

    Hope this helps.
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