Can She Withhold Visitation Based on Safety Concerns?
So, your wife is complaining about the safety of your car, saying it’s dangerous, she doesn’t want the kids in it, and she may even be threatening to withhold visitation until you do something about it. Can she do this? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for about 25 years now.
Considerations for Safety Arguments
Whether she can take this action depends on her argument. If she’s simply claiming that the type of car you drive is unsafe—like a convertible, a raised truck that she believes is more prone to rollover, or a model with a poor safety rating—she’s probably not going to be able to stop visitation based on that alone. However, there are considerations, such as whether a small convertible can properly accommodate child seats or whether certain vehicles lack the proper latches or seating arrangements for children.
On the other hand, if the issue is the condition of your car—say it’s in disrepair, the fender is falling off, or there are clear safety hazards—she might have a stronger case. For example, if your tires are visibly bald or damaged, she could argue that it’s unsafe for transporting the children. In such cases, she could potentially withhold visits until the problem is fixed, and a judge might agree. She would likely need photos or videos to support her claim in court.
Seeking Resolution and Avoiding Legal Issues
You might be granted make-up visitation later, but the better approach is to address any obvious safety concerns promptly—not just to avoid legal issues, but to show that you prioritize the children’s safety.
If the concern is purely about the model of the vehicle, it’s unlikely to hold up in court unless there’s a clear, provable safety issue, such as improper accommodation for child seats. I’ve never seen a case won based solely on driving a convertible, Jeep, or raised truck, but it’s not impossible—it would depend on the judge and the evidence presented.
Contact us for a Consultation
The best course of action is to try to work things out directly or through attorneys before it reaches a hearing. I hope this helps. Give Tulsa visitation enforcement attorney Clint Hastings a call for a consultation on this or any other issue, and we’ll be glad to help.
