Custody and Failure to Maintain a Driver's License

[aldente]

My question involves a child custody case from the State of: California

We have a court order for a 50/50 split (dad has a bit more time than 50% but it's minimal) with no CP specified.
Due to a restraining order on mom which is unfortunately now expired we have always done exchanges at a police station for my safety.
Part of our court order states among other things that mom is to maintain a valid driver's license. Because mom is an undocumented (illegal) alien she maintains that she and family have no choice but to utilize loopholes in other states (like Washington where minimal ID and no citizenship is required), in order to obtain a driver's license.
This is actually fraud because the law was meant to make it easier for undocumented aliens who live in the state to obtain a license, but millions of them simply get a friend/relative's address and say they live there when they don't. Recently her license was permanently revoked because of overwhelming evidence proving fraud, so she is driving on a suspended/revoked license. I am concerned because she has been in a few accidents and is driving around with our daughter unlicensed.
I have a printout from DMV with the status of the license.

Is this a violation of the court order?
Do I have grounds for ex parte hearing to express my concerns over our daughter's well being while in the care of her mom (and maternal grandparents as their licenses are probably no longer valid as well)?
Can I refuse custody exchange because of this concern/violation of court order, at least until mother gets her act together and stops committing fraud?
Does this affect her ability to prove best interest?

This is the third time a similar incident has occurred, the first being when she committed welfare fraud, resulting in termination and the second was when the health department fined her heavily for continuing to practice cosmetology without license.

[Dogmatique]

My question involves a child custody case from the State of: California

We have a court order for a 50/50 split (dad has a bit more time than 50% but it's minimal) with no CP specified.
Due to a restraining order on mom which is unfortunately now expired we have always done exchanges at a police station for my safety.
Part of our court order states among other things that mom is to maintain a valid driver's license.

That is not legally enforceable.

Because mom is an undocumented (illegal) alien she maintains that she and family have no choice but to utilize loopholes in other states (like Washington where minimal ID and no citizenship is required), in order to obtain a driver's license.

I'm sorry, what? I am not a citizen - but a legal permanent resident. Are you sure you actually know (and perhaps more importantly, comprehend) what is needed in order to obtain a WA driver's license?

I do. I LIVE here. And if she doesn't have certain documentation, she won't get a license OR a state ID.

This is actually fraud because the law was meant to make it easier for undocumented aliens who live in the state to obtain a license, but millions of them simply get a friend/relative's address and say they live there when they don't.

Okay, you have no idea how it works in WA. Millions of illegals getting fake licenses in WA? Really? I'm intrigued.

Recently her license was permanently revoked because of overwhelming evidence proving fraud, so she is driving on a suspended/revoked license. I am concerned because she has been in a few accidents and is driving around with our daughter unlicensed.
I have a printout from DMV with the status of the license.

Is this a violation of the court order?
Do I have grounds for ex parte hearing to express my concerns over our daughter's well being while in the care of her mom (and maternal grandparents as their licenses are probably no longer valid as well)?
Can I refuse custody exchange because of this concern/violation of court order, at least until mother gets her act together and stops committing fraud?
Does this affect her ability to prove best interest?

This is the third time a similar incident has occurred, the first being when she committed welfare fraud, resulting in termination and the second was when the health department fined her heavily for continuing to practice cosmetology without license.

It seems you don't actually know - suspect, yes, but don't actually know - what's going on with her.

[aldente]

Washington Legal residence is defined as follows:

http://dor.wa.gov/content/contactus/con_residdef.aspx

The Department of Revenue presumes that a person is a resident of this state if he or she does any of the following:

- Maintains a residence in Washington for personal use;
- Lives in a motor home or vessel which is not permanently attached to
any property if the person previously lived in this state and does not have
a permanent residence in any other state;
- Is registered to vote in this state;
- Receives benefits under one of Washington's public assistance programs;
- Has a state professional or business license in this state;
- Is attending school in this state and paying tuition as a Washington
resident or is a custodial parent with a child attending a public school in
this state;
- Uses a Washington address for federal or state taxes;
- Has a Washington State driver's license; or
- Claims Washington as a residence for obtaining a hunting or fishing
license, eligibility to hold public office or for judicial actions.

Persons may rebut the presumption of residency if they provide other facts which show that they do not intend to reside in this state on either a temporary or permanent basis.


California Legal Residence is defined as follows:

*Resident.* In California, the term "resident" was originally defined for income tax purposes in the Personal Income Tax Act of 1935 (effective June 13, 1935),(5) <http://www.taxlitigator.com/articles/161338.htm#N_5_> which was the enabling legislation enacted pursuant to Constitutional authority(6)<http://www.taxlitigator.com/articles/161338.htm#N_6_>that
first established the California Personal Income Tax. Section 2(k) of the Personal Income Tax Act of 1935 defined a "resident" as follows:


"The word 'resident' includes every natural person domiciled in the State of California and every other natural person who maintains a permanent place of abode within this State or spends in the aggregate more than six months of the taxable year within this State."



Article 2(k)-2 of the Regulations (the California Administrative Code) promulgated by the Franchise Tax Board set forth a definition of "domicile"
under the Personal Income Tax Act of 1935, as follows:



"Domicile has been defined as the place where an individual has his true, fixed, permanent home and principal establishment and to which place he has, whenever he is absent, the intention of returning. It is the place in which a man has voluntarily fixed the habitation of himself and his family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home . . ."



As initially enacted, the statutory concept of residency encompassed every individual having a physical residence in California or every individual physically present in California for more than six months during the taxable year. The purpose of an individual's presence in California was generally irrelevant.


By allowing undocumented individuals to obtain a driver's license without actually residing in the issuing state this creates unnecessary state welfare burdens, tax burdens on working citizens, and allows loopholes for a national security risk. Simply registering a vehicle in one state and sending the insurance bill for the same vehicle to a washington address while physically residing, working and paying taxes in another state in order to take part in a loophole is far from meeting the definition of a legal resident, and in my opinion is not only dishonest but also fraud. What would you consider this?

That is not legally enforceable.

But the court order is being violated, how is this not enforceable?

I'm sorry, what? I am not a citizen - but a legal permanent resident. Are you sure you actually know (and perhaps more importantly, comprehend) what is needed in order to obtain a WA driver's license?

I do. I LIVE here. And if she doesn't have certain documentation, she won't get a license OR a state ID.

OK but that is not the situation here. She lives in CA, not WA. She might have provided enough documentation to obtain a license, but that was under the pretense that she LIVED in WA, which was false. I have proof that she has lived, worked, filed taxes etc in CA fore more than 6 years.

Okay, you have no idea how it works in WA. Millions of illegals getting fake licenses in WA? Really? I'm intrigued.

OK, a slight exaggeration. A more accurate number would be approximately 350,000, and yes this is a fact.

It seems you don't actually know - suspect, yes, but don't actually know - what's going on with her.

The status of drivers licenses are public information in WA, and with the DL license # it can be looked up easily, so I know for a fact that as a result of her fraud it was cancelled.
https://fortress.wa.gov/dol/dolprod/...StatusDisplay/

The bottom line is she is driving with a suspended or revoked license (public info does not specify the reason but lists those two out of several possibilities). She may know this and therefore is doing so knowingly, or she may not know and be doing so knowing she lied and so fraudulently obtained the WA state license by falsifying official documents to make it look like she in fact does live there. This adds to consistent fraudulent behaviors that reflect her bad character and I am concerned for our child. Is there anything that can be done? Will a judge care?

[Mr. Knowitall]

If she doesn't have a driver's license and you believe that's relevant to the custodial arrangement, you can bring a motion before the court that issued the order for whatever relief you believe is appropriate, and submit your evidence of the suspension and in support of whatever relief you're requesting to the court.