LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC How to Check If My Ex Has a Drivers Licence?

Discussion in 'Family Law Forum' started by ThePunchingBag, 20 July 2015.

  1. ThePunchingBag

    Joined:
    20 July 2015
    Messages:
    3
    Likes Received:
    0
    My ex has lost her drivers licence for drink driving in Victoria on 3 occassions. How can I find out if her drivers licence has been reinstated or whether she should have an interlock in the car?

    She drives with our son in the car & I'm not sure where to turn. She still has a problem with alcohol & it's putting our son's welfare at risk.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    This is not something to which you are privy, unfortunately, as who drives when the child is in the mother's care is a day-to-day decision to be made by her and that doesn't require consultation with you, nor your consent. Beyond that, it is the duty of the police to enforce the law where traffic offences are concerned.

    Ordinarily, a court might place an injunction on her driving while under the influence as part of parenting orders, but I assume there are no proceedings under way? If this is the case, you should consider bringing the mother to mediation so you can discuss your concerns and determine an arrangement that reflects the child's best interests.
     
    ThePunchingBag likes this.
  3. ThePunchingBag

    Joined:
    20 July 2015
    Messages:
    3
    Likes Received:
    0
    There are proceedings going on. I may have to ask the courts to subpeona her driving records. I was hoping there was a way for me to find out before we return to court. Our son is in my care but his mother is seeking shared care but I am fighting her on it due the alcoholism.
    She only drives occasionally. It's mostly her father who does the driving but he is elderly.
     
  4. ThePunchingBag

    Joined:
    20 July 2015
    Messages:
    3
    Likes Received:
    0
    I was not sure whether I could find out this information through the freedom of information act ???
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    You're fighting against shared care based on her alcoholism?

    Are you self-represented?
     
  6. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    You can subpoena the traffic authority in your state for the release of your ex's traffic history, but it sounds like you're fishing for reasons to refuse the child a relationship with the mother. A traffic history should be used to justify an injunction against driving while under the influence or to justify an order maintaining a 0.00% blood alcohol level while the child is inher care. It shouldn't be used as grounds to violate the child's rights to have a relationships with both parents under s 60B of the Family Law Act 1975.
     

Share This Page

Loading...