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.
Showing posts with label Used car. Show all posts
Showing posts with label Used car. Show all posts
Tuesday, March 24, 2009
Friday, February 27, 2009
Legal Eaze #23 Used Car/Foreign Marriage
Title: June 1, 2005
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
Maxine de Villefranche is an attorney and civil general practitioner with 13 years of experience. She operates her law practice from her new office in town, as well her Lancaster satellite office. She will answer legal questions posed to her by the readers, to the best of her abilities. Please forward your questions to maxinedev@msn.com.
Q. I purchased a car from the Salvation Army. The salesman said they did not have this year’s tag on it because the car license was due for renewal. He also told me there was something wrong with the brakes, but otherwise the car was fine. Today, I attempted to drive the car off the lot and a big puff of smoke came out the back. I got out of the car and a puddle of oil was behind the car. My brother, who was in the car with me, told me I shouldn’t drive this car because it is unsafe. I told the salesman I wanted my money back, but he refused and told me the Salvation Army was going to have to tow the car to my house. What can I do?
A. I suspect you bought this car “as is”, although you have mentioned nothing about the contents of your sales contract. I do not believe that the Salvation Army is considered to be a “car dealer”. Car dealers are bound by law not to sell cars that are unsafe to drive, which includes brakes that are not in good working order. When you are considering the purchase of a used vehicle with an “as is” sign on it, you should always be extremely careful and have the car checked by a mechanic before you buy it. I gather that you failed to do so. I am sorry that you had to learn such an expensive lesson. Read your sales contract and see if you have an escape clause in it which would allow you to return the car andyou’re your money back.
Q. Last year, I got married on foreign soil while on vacation. I wonder if my marriage is legal here in California and if not, should I re-marry under California law?
A. Failed to tell me in which country you got married and whether or not the marriage is considered valid in that country. Were you or your “husband” ever a citizen of this country? Typically, foreign marriages are valid if you meet the residency requirement of that country, among various other requirements. Each country has different requirements in order for a marriage to be valid. If both of you resided in California before and after the foreign marriage, it might be a good idea to at least have a civil ceremony here in California. If there are any questions in your mind that you are not married, then your “marriage” may not be valid and/or legal in this state.
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