Drug claims serious
MY ex is addicted to drugs and the kids aren’t safe – what can I do?
Unfortunately drug abuse is a common problem facing society today.
Specifically, the use of the drug known as ‘ice’ has been referred to as a widespread epidemic. It is therefore quite common for allegations about drug abuse to be raised by a parent in Family Court proceedings.
If a parent alleges that the other parent is abusing illicit substances in a way that puts a child at risk of harm, the Family Court will take these allegations very seriously.
Under the Family Law Act 1975, the best interests of the child are the paramount consideration when making parenting orders.
The Court has the power to order that either one or both parents undergo drug testing to ascertain whether they have the capacity to care for the child or pose a risk of harm, even when these allegations are denied.
If you are concerned that your ex is addicted to drugs and your children are not safe, you should request drug testing right away.
If your ex won’t agree, you can seek orders from the Family Court that they undergo drug testing.
Evidence for Family Court purposes is presented in the form of affidavits; however, this evidence cannot be tested until a trial.
The Court may therefore err on the side of caution when allegations of drug abuse are made and in the interim place the child into the care of the other parent.
Drug testing is an easy and effective way to gather reliable evidence about whether nor not a parent is using drugs and whether the children are at risk of harm. What if my ex’s drug tests are all coming back positive?
If a parent cannot provide the Court with consecutive clear drug screens, it may be determined that they have a serious addiction that could put the child in harm’s way.
If orders are not already in place, the Court may consider removing the child from that drug-using parent’s care and placing them in the care of the other parent to ensure they are not exposed to drug use or put in harm’s way.
At the end of the day, if the other parent cannot show the Court that they can abstain from drug use whether through clear drug screens and/or evidence of rehabilitation, it is unlikely that they will be allowed any unsupervised time with the child.