Fathers day wkend my 3 and 8 year old sons have head on collision riding quads at their fathers property. 3 year old gets stitches in upper lip @ local hospital ER. I have permanant custody thru court order. Can I legally do anything to keep my boys out of more severe injury on these ATVs? WA State
Optional Information: ocean shores, WashingtonAlready Tried: not to panic I am not confrontational
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. ========================= ---> NOTICE AND DISCLAIMER (“The Fine Print”): The foregoing response is based only on the facts gleaned from your inquiry and does not constitute a definitive legal analysis or evaluation of the facts and circumstances of your particular case and the law applicable thereto. The information provided here should not be the sole basis for your decision(s) regarding the handling or resolution of the legal problem or issue presented. Limitations and restrictions of this forum prevent any claim or guarantee as to the completeness, accuracy or adequacy of the information contained herein and no such claim is made or guarantee given. The foregoing response to your inquiry is not intended to be and should not be accepted as a substitute for the professional legal advice and counsel that can only be given by a lawyer licensed to practice in the state that has jurisdictional authority over the case. I am licensed to practice law only in the state of Oregon. No attorney-client relationship is intended or created by or through the response(s) given here. (Sorry this is so long. But I’m a lawyer, so it should come as no surprise.) Having answered your question, please acknowledge by clicking the green “ACCEPT” button. That will allow me to be paid for the time spent in answering your inquiry. Your question will not close, and you will still have the opportunity to follow-up if needed. Also, please add a few words of compliment in the feedback space. It isn’t required but it sure boosts my ego! Thank you!
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