Dad with Brain Injury

If the doc has released him to drive legally I doubt there is anything you can do.
You can go to court and change things but you must have proof enough that would sway the judge to make the changes. You cant just go in and say what you've said here. You have to prove that your child would be in danger. Lots of people drive on prescription medication every day, he would have to be what they would consider "intoxicated" by his meds in order for them to limit his driving privileges. If you have documentation of his accidents and if it is because of his injury or meds you will need to give that to the judge. Otherwise you most likely dont have a case.

You have to prove that he's not a safe driver. The only way that I can think of to do this is to have the doctor limit his ability to drive in writing to the court. Brain damage in and of it's self doesn't mean he's not a safe driver but certain forms of brain damage can indicate an inability to drive safely. I have a friend who works with brain damaged patients and she said some can drive and some can't. You need a doctor's statement.

The doctor will have to have your husband's permission to talk with you. The form is called a Release of Information. If he won't give it then you probably can't do anything.

The doctor does have to release him to go back to work but he also has to list restrictions if there are any. A full release is not automatic. If your husband were to be unsafe on the job after the doctor said he could drive the doctor could be liable. I suggest that the doctor believes it's safe for your husband to drive.

Hopefully you have a lawyer who can help you with this.

Does he have a valid license to drive? My husband had a siezure in his sleep about 5 years ago. In the state of Ca the ER doc had to report it to the DMV and his license was revoked for 6 months until further tests could be done and had to get cleared from doc. Once cleared from doc he had to take all info to the DMV and retake the driving test. It was a very long process and he has never had any problems since then. If he doesn't have a valid license then I would think the judge would put something in writing saying that he could not drive your children. Good Luck!

If your ex has a legal drivers license you can't make it an issue that he not drive. If the doc had the ex's drivers license revoked then you have a case but you'll have to show proof he is driving around with your child in the car without a license, with the child in the car, not when he's by himself, that has nothing at all to do with visitation or anything at all to do with you.