"While I'm not an attorney, and only attorneys can give legal advice..
", these are some thoughts which come to my mind as I look at the issue
at hand.
I'd expect that a good opposing attorney is going to question your
friend about the source of her statistics. Personal knowledge? No?
Expert witness herself? Safety Steward license? "Sounds like hearsay..
objection, Your Honor..."
I've faced similar concerns since I am pretty active in the sport, a
divorced father with 6 sons (youngest now 16), and have taken my boys
to non-spectator SCCA road races (worked in T&S, etc.), bought them a
kart for FJr, and signed them into numerous events over the past 11
years. These are some thoughts I had on an approach to the subject
which may or may not be applicable to your friend's situation.
- - - - - - - - -
How old are the kids, and what is "age appropriate activity"? Are you
giving rides to 5-year-olds or to 15-year-olds? "Custody" is determined
for those under 18 in most states, and up to 21 in some! (Welcome to
Indiana...) Are the children old enough to justify the activity and
help minimize their own risks? Does it help impart an understanding or
skill they may need shortly?
What are their other interests: skateboarding, go karts,
4-wheelers/motorcycles, climbing on things at the park, swimming where
there is no lifeguard, etc. Do their other hobbies involve risk? More
risk or less risk? How are those other hobbies supervised (who? their
training? how closely?) Have they ever been injured in them? What were
the particulars?
Are the club safety rules followed when the kids are participating in
autocross activities? (Examples..)
What is the skill level of the driver? Sure, accidents happen, but what
is the risk exposure? This may have something to do with experience,
judgment, type of vehicle, event level, safety equipment, etc. Any
prior accidents? At-fault accidents on the street, citations, or High
Risk Insurance required for either parent?
Were these unacceptable activities begun after separation, or was there
"implied consent" when the parental relationship was better? Did the
concerned parent ever go to an event? Sign them in? Take them in a car
on course themself? Has the concerned parent autocrossed? Ridden with
the autocrosser? Expressed concerns BEFORE? Just how concerned was the
parent prior to separation? Concerned enough to take some significant
action to ensure the child(ren)'s safety when this "known dangerous
situation" existed?
There are several on the list who are probably more knowledgeable in
the legal aspects, and each state has their own laws and
interpretations... which is why she will need to discuss this with her
attorney. Just some of my thoughts about a different approach than
arriving with statistics she didn't compile and cannot affirm.
Bob Monday
Boys-R-Us Racing!
--- Terry Hill <thill@novaengr.com> wrote:
> One of my friends is currently engaged in a custody battle for her
> kids, and
> her soon-to-be-ex-husband is citing the kids' autocrossing (as
> passengers)
> as evidence that their mother "exposes the children to extreme
> danger",
> which the divorce courts would obviously frown upon.
<snip>
> Terry Hill
Make international calls for as low as $.04/minute with Yahoo! Messenger
http://phonecard.yahoo.com/
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