I am the domicile parent. The father is not licensed and his vehicle is illegal. He is wanting to take the kids out of state for the weekend and I am concerned that he is not safely and responsibly transporting the kids. If he doesnt have a valid license and insurance policy can I deny the kids to go with him?
You risk contempt by requiring license, brake tag & insurance. However, if he files contempt and gets it prior to hearing, you have proof he didn't have it at time of travel and I doubt judge will hold you in contempt.
You have no power to contravene a court order and may be found in contempt---despite the fact it appears you are trying to insure the safety of your kids---and you may be dragged into court by your NCP (if he is that dumb)---but I doubt the judge will ultimately find you in contempt under the circumstances----unless you are wrong about vehicle and license.
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It's a tough choice. You could be held in contempt for denying visitation in violation of a valid judgment, but your genuine concerns about the children's safety may be brought up as a defense. There is no guarantee as to how the court would rule.
You can always file with the court requesting that he provide proof before transporting.
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