ANSWER:
Your recourse, first, is to ask the other parent to stop doing whatever the other parent is doing with the children that you don’t want the other parent to do. If that does not work, your next recourse is to file a motion with the court asking that the existing parenting plan be modified so as to restrain the other parent from doing with the children whatever it is that you don’t want the other parent to do with the children. If the judge agrees, you win. In not, there is nothing more you can do.

Accidents do happen, even when precautions are taken, when children engage in recreational activities, be it riding on ATVs, skiing, playing Pop Warner tackle football, Little League baseball, etc. (And these things happen even when parents are married and residing together as an intact family.) Riding ATVs is not illegal or “per se” unreasonably dangerous (assuming the equipment is licensed and meets applicable safety standards, and the time and place of usage is otherwise legal). Simply because a child was injured while engaging in the activity, without there being a showing of gross negligence (dad was drunk; children were unsupervised, etc.), may not be sufficient enough to persuade a judge to impose a ban on the activity. However, much depends on the particular case facts and circumstances.

Best advice is to confer with a Washington family law lawyer and obtain a full analysis of the facts and circumstance the particular situation that you are confronting. There may be a lot more here than I am unable to discern from the facts presented in your question.

I wish you, and the boys, all the best.

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