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VIC Family Law - Can I Withhold Daughter Until Ex-Partner's Vehicle is Roadworthy?

Discussion in 'Family Law Forum' started by Worried Mother, 22 November 2015.

  1. Worried Mother

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    Hi there, every fortnight my ex-partner has our daughter for the weekend. We meet halfway which is 45 mins both ways. I have seen that he has three bald tyres and one severely bald (canvas showing). I tried talking to him about it, but he says he will not do anything until they blow. Is it legal for me to withhold her until his vehicle is roadworthy under Family Law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    If there's a court order, then you'll likely face contravention orders and bald tires aren't going to cut it as an excuse for withholding the child's time with the father.

    If you want, you can notify his local police because having bald tires is a traffic offence, so it might prompt him to replace the tires. It doesn't, however, make him an unfit parent.
     
  3. Worried Mother

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    I just thought it would be for the safety of the child, as bald tyres could cause an accident and i thought he should be looking into the safety of having his 3 year old with him in the car
     
  4. AllForHer

    AllForHer Well-Known Member

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    I understand your position, but the court is going to balance the harm that may happen to the child if there was a car accident against the harm that will happen to the child if they are made to suddenly stop seeing her father. You would be causing one form of harm to reduce the risk of another form of harm occurring.
     
  5. Worried Mother

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    I would only be withholding her until he's fixed it, but it doesn't matter now. I have the legal advice I need. He would still be able to have her if he used a different car and that was all I wanted.
     

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