Endangerment??

[RemitAdvice]

What is the name of your state (only U.S. law)? VA

When I last met Dad to drop off son, Dad drove off with our 4 yo unsecured in a booster. In the front seat. I saw this and offered him my seat and he declined and sped off. When I called him on the telephone he taunted me about my concern and cracked jokes about our son falling out the window. After a few minutes I visited the police station and spoke to an officer. The sgt. explained that I could file a warrant for having him unsecured in a seat. We would then go to court. He went on to mention that without witnesses it was my word against his and that he has seen many cases where it's been thrown out. He made the comparison to 'seeing someone speed with a child in their car.' I cannot however, shake the feeling of uneasiness and concern for my child's well being after such reckless behavior has been displayed. Am I blowing this out of proportion?

 

[Ohiogal]

What is the name of your state (only U.S. law)? VA

When I last met Dad to drop off son, Dad drove off with our 4 yo unsecured in a booster. In the front seat. I saw this and offered him my seat and he declined and sped off. When I called him on the telephone he taunted me about my concern and cracked jokes about our son falling out the window. After a few minutes I visited the police station and spoke to an officer. The sgt. explained that I could file a warrant for having him unsecured in a seat. We would then go to court. He went on to mention that without witnesses it was my word against his and that he has seen many cases where it's been thrown out. He made the comparison to 'seeing someone speed with a child in their car.' I cannot however, shake the feeling of uneasiness and concern for my child's well being after such reckless behavior has been displayed. Am I blowing this out of proportion?

What kind of vehicle was dad driving? How do you know the child was unsecured and the seatbelt was NOT buckled around him?

 

[RemitAdvice]

What kind of vehicle was dad driving? How do you know the child was unsecured and the seatbelt was NOT buckled around him?

It was a late 90's model extended cab pickup. I was standing on a curb beside the truck when it was driving off. I saw my son stand in the seat at one point and continued to watch until Dad was no longer visible. I saw no effort made to buckle a belt.

 

[Ohiogal]

It was a late 90's model extended cab pickup. I was standing on a curb beside the truck when it was driving off. I saw my son stand in the seat at one point and continued to watch until Dad was no longer visible. I saw no effort made to buckle a belt.

So you don't know that dad did not buckle the child. And did the extended cab have a bench seat behind the front seat or just jump seats? Because the child could be in the front seat of a pickup if it only had jump seats in the back. Which a lot of older pickup trucks had. A child is allowed to be in the booster. When your child stood in the seat was the truck moving? How far away were you?

 

[RemitAdvice]

So you don't know that dad did not buckle the child. And did the extended cab have a bench seat behind the front seat or just jump seats? Because the child could be in the front seat of a pickup if it only had jump seats in the back. Which a lot of older pickup trucks had. A child is allowed to be in the booster. When your child stood in the seat was the truck moving? How far away were you?

The truck had the '3rd door' with a rear bench seat. We both use boosters. There was no child seat used whatsoever. The child stood in the seat, unbuckled, while the vehicle was in motion.
How far away was I? Close enough to touch the truck. When I asked that he take my seat, I was walking beside the truck as it was moving. The child was unrestrained at the time he sped off after declining the offer to use my seat.

 

[gr8rn]

Next exchange have your camera ready. Every time he drives off with your son unbuckled, take pictures. He will get the hint.

 

[RemitAdvice]

I was thinking of doing something along those lines for the future. I just wish he would have taken the seat I offered. I take it that there's not much else to be done for this particular situation.

 

[nextwife]

While I always buckle my child, I also remember growing up before booster seats and seat belts, and remember all of us kids sleeping in the back of the station wagon on road trips or when we went to drive in movies.

Nobody thought anything of it, and our parents were responsible people. Even if they didn't have us buckled in.

 

[CJane]

While I always buckle my child, I also remember growing up before booster seats and seat belts, and remember all of us kids sleeping in the back of the station wagon on road trips or when we went to drive in movies.

Nobody thought anything of it, and our parents were responsible people. Even if they didn't have us buckled in.

Probably also when cars were still made primarily of steel and didn't have crumple zones.

BUT...

Even though VA has SUPER STRICT booster seat requirements (up to age EIGHT!), the "punishment" if stopped is only a $50 fine.

( Virginia's Child Passenger Safety Laws )

This isn't likely to be considered child endangerment, it's not a reason to limit visitation, it's might be a "big deal" to the judge from a "Wow, I can't even believe you'd do that" stand point, but it's NOT going to be a "punish that man!!!!!" kind of thing. Just not.

 

[my life is mine]

I have dealt with this in VA, if your child is not have a booster seat in Dads vehicle you do not have put child in or let child go.

Call police for assistance, they will have a policeman come and let your Ex know that child will not be allowed to ride in vehicle until a car seat or booster is properly installed.

If Ex takes it to court have statement from police in reference to incident, or arrange to have officer come to court to testify.

The court I was at, allowed just officer written statement.

 

[Ohiogal]

I have dealt with this in VA, if your child is not have a booster seat in Dads vehicle you do not have put child in or let child go.

Call police for assistance, they will have a policeman come and let your Ex know that child will not be allowed to ride in vehicle until a car seat or booster is properly installed.

If Ex takes it to court have statement from police in reference to incident, or arrange to have officer come to court to testify.

The court I was at, allowed just officer written statement.

If anyone had objected the written statement would have been thrown out and inadmissible.

 

[my life is mine]

Perhaps but it wasn't, it was a statement and report, so Judge took it at that.

 

[Ohiogal]

Perhaps but it wasn't, it was a statement and report, so Judge took it at that.

Did anyone object? Or was there agreement for it to come in?

 

[my life is mine]

Yes, actually Ex's attorney did. Judge statement to him was "You wish to refute a statement and report for one of our law enforcement officals" Ex's attorney said "NO, but officer should appear in court", Judge said "Fine we will have a continuance until Officer is available and your client pays the amount that would cost to have Officer in court" Ex's attorney backed away. So it went in as agreement because EX and his Attorney did not wish costs or a continuance and then Judge ordered, Ex was to have proper seating equipment and arrangements for all persons in vehicle, if he could not provide that then Mother shall have the right to deny visitation until this is completed. Father shall provide a statement from either local police or firestation stating they helped position child seats.

 

[RemitAdvice]

I offered the use of my seat and he refused. I did file an incident report with the local authorities that evening. The sgt. did say he would be happy to provide me with a written statement. I have decided to request visitation modification to include provisions for child seats. (Receiving parent must show proper installation of booster to other parent at time of exchange) (??) I will do that Monday as I will already be in court for support.
The officer also stated that if repeated incidents are reported the judge could consider charging the other parent with child endangerment.
That's a lot of 'could' and 'ifs'.

Thanks for everybody's suggestions.