Neglect? Refusing to use a booster seat.

My child has just turned 6 and is currently 45lbs. Although the law is changing, at the moment, few states have laws that require children to be in a booster seat past the age of 4. However, I provide my ex with a booster seat for his infrequent visitations. He chooses NOT to use it despite the fact that every child and road safety group advises children up to the age of 8 & 80lbs to be in one.

1 If he refuses to accept the booster seat and I then refused to hand over the child for visitation, is a court likely to side with me or find me in contempt since it is not actually against the law?

2. If he should have an accident whilst using the vehicle and my child is killed or seriously injured, do I have any recourse to sue him in civil court for neglect? lose of child/emotional loss? etc

Thank you.

States involved are WA and VA.

Originally posted by Boosters
My child has just turned 6 and is currently 45lbs. Although the law is changing, at the moment, few states have laws that require children to be in a booster seat past the age of 4. However, I provide my ex with a booster seat for his infrequent visitations. He chooses NOT to use it despite the fact that every child and road safety group advises children up to the age of 8 & 80lbs to be in one.

1 If he refuses to accept the booster seat and I then refused to hand over the child for visitation, is a court likely to side with me or find me in contempt since it is not actually against the law?

2. If he should have an accident whilst using the vehicle and my child is killed or seriously injured, do I have any recourse to sue him in civil court for neglect? lose of child/emotional loss? etc

Thank you.

States involved are WA and VA.

This actually just became a law here in NJ as of December 1st..Any child under 80 pounds and under the age of 8 MUST be in a booster seat. But since you live in WA or VA...and it is not state law there yet..you are the one who disobeyed the law by not following court orders, not he and your ex can file contempt charges against you. You can't make him parent YOUR way.
As for thinking ahead to your child dying or being seriously injured and already planning to sue over it... You're kidding right?!?!?

Originally posted by deefran
As for thinking ahead to your child dying or being seriously injured and already planning to sue over it... You're kidding right?!?!?

No, not at all. I want to know this information so I can put the fear of god into him. I know I can not force him to be a responsible parent, but if I can scare him into keeping my child safe, then so be it. You have to work in an ER unit to truly appreciate the damage that can be done to a badly secured child during an accident.

I want to know if I would have grounds and the legal term for it so that I am not making a groundless threat. The fear of being dragged through court and sued for money is more of an incentive to keeping my child safe than any accident stats.

Yes...this is America and you can sue for just about anything...yes you could sue for ex not using booster seat as per recomendations..but since it is not LAW can't be sure of winning.

Thanks. I know I can sue for anything. Just curious on how successful I would be in a wrongful death lawsuit when the act of negligence is not defined in the state statutes as an 'act of negligence'. I do not want to threaten my ex unless I would actually have a case.

Thanks anyway.

Yes, it's wise to protect your child. Yes, it's wise to use a booster seat.

However, if you deny visitation to the father because he doesn't want to use a booster seat, then I think the court might see you as looking for a reason not to let him see the child.

This is NOT a good reason to go to court, in my opinion.