Car Maintenance - Mothering Forums

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Old 03-12-2009, 02:00 PM - Thread Starter
 
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Can I hold it against stbx if he's been driving an "unsafe" car with the kids for an unspecified amount of time?

Meaning, I was driving his car in january and the brake light on the dash was lighting up at random times, even when I wasn't pressing on the brakes. I told him this when I returned the car, and he said, "yeah, I know, I have to have a look at it." At the end of Feb, I drove the car again and the brake light was on the entire time. I had my brother look at it, and he said the brake fluid was at "minimum" level and FILTHY and added a bunch. A few days later stbx took the car to Jiffy Lube, who said the car was fine, just changed the oil.

I took the car to the mechanic this week (stbx is out of town) and he said the rear brakes were leaking brake fluid, which is UNSAFE and had to change $400 of stuff on the car to make it safe.

Soooo - in our upcoming custody battle, or in our divorce agreement, can I require him to upkeep his car somehow, or hold it against him as negligent? I'm sorry, but issues of safety concern me greatly because it's my children in the car!

Akie, single mom to M (02/18/06), E (08/04/07) and Z (06/22/09)
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Old 03-12-2009, 03:37 PM
 
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wow, you guys have more cooperation than usual if you are sharing a car.
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Old 03-12-2009, 08:07 PM
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akichan, the courts are not in the business of looking after car maintenance. Family court is poor people court. I'd wager that most single parents have unsafe cars.

You could try it, but I doubt it'll get you far. The courts will be more concerned if he knowingly neglects the car and then there's an accident with the kids inside. Yes, I know, it's horrible. The standards of the courts are very, very, very, very low -- in part because if they weren't, we'd have to build orphanages the size of Rhode Island to handle the CPS overflow.

Unless he's actually harmed the kids, the court will probably overlook it. But ask your lawyer.
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