Title: July 25, 2007
Q: My ex-wife remarried a man from New Zealand and she is moving there with our nine year old son. I spend a lot of time with my son, at least 2 full weeks per month, or sometimes more and I am totally opposed to being separated from my son forever. I have a dissolution judgment that gives both of us joint legal and physical custody over our son. What can I do to stop this move?
A: You need to file an Order to Show Cause in the original court to stop the move-away. If you have joint legal and physical custody of the child, it is possible that you would get full custody of this child at the OSC, or later, after a Child Custody Evaluation is performed, which can be costly and is a lengthy process. She will have to justify separating you from your son forever. Move away cases are filling the Courts right now. The law is changing constantly regarding this issue. Obviously a move to New Zealand would change the dynamics of your relationship with your son forever, and such a change requires serious justification. Various Courts apply the law differently, depending which county you obtained your judgment. You need to do this as soon as possible, as you are not telling me how quickly your ex-wife plans her move away.
Q: I bought a used car from a car dealership a couple of weeks ago and paid $15,000. Already the brakes are shot and I need to change the tires because they are threadbare. Isn’t it against the law to sell a vehicle without good brakes and good tires?
A: Yes, it is. However, when you buy a used vehicle, it is your responsibility to make sure you are not buying a vehicle in disrepair or that will fall apart the minute you drive it off the lot. You should have consulted a mechanic to look the car over before purchasing it. Nevertheless, it is against the law for a dealership to sell you a car that is dangerous to drive. You must go back to the dealership and make a complaint that they sold you a car without good brakes and good tires and they need to fix the bad brakes and put better tires on the car. $15,000 is not a measly sum of money to pay for a used car. There is a lot of information you can obtain from the Dept. of Consumer Affairs, Bureau of Automotive Repair about this subject.
Maxine de Villefranche has been an attorney for 14 years and is practicing law in Tehachapi and Lancaster. Send your questions via fax at (661)825-8880 or e-mail at maxinedev@msn.com. She will answer your questions to the best of her abilities.
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