Matters involving a positive drug test and child custody can get particularly tricky as substance abuse among people is prevalent in many countries. In family law, substance abuse poses a challenge for parenting matters.
Drugs and alcohol are highly addictive, making it very likely for people to develop alcoholism and become dependent on drugs. In recent years, there has been a significant escalation in the number of parenting cases where there are cases where parents allegedly abuse substances that cause harm to their children.
Basically, when one is in a case of a positive drug test and child custody, it may result in reduced contact with the child. This may also lead to a decreased chance of unsupervised contact with children as this may affect the child’s way of life.
To know more about how a positive drug test and child custody affect parenthood and the court’s involvement, read on.
Shocking Statistics
In 2020, the following statistics were reported by the Australian Institute of Health And Welfare in relation to drug use in Australia:
- 43 percent of Australians aged 14 and over had illicitly used a drug in their life
- 16 percent had used one in the last month
- It was also found that Australians who struggled mentally are more likely to use the illicit substances
- In 2019, 1 in 25 Australians aged 14 and over had misused pharmaceutical medications in the 12 last months
- 28 percent of drug treatment episodes in 2018 and 2019 were amphetamines, making it the second most commonly treated drug in the country
- Most abused substances were cannabis, amphetamines, misuse of prescription drugs, cocaine, and ecstasy
Positive Drug Testing And Child Custody: Drug Testing
In a positive drug test and child custody matter, alleged drug abuse is dealt with with a risk assessment by the Court. The court assesses the effect and impact of the alleged drug abuse on the capacity of the parent to provide adequate care for the child. The difficulty is in assessing the extent of the risk to the child and what parenting orders should be made to facilitate the child’s safety.
When a party makes allegations that another party is using drugs the court will have consideration in parenting matters. The court will consider putting safety measures for the child to prevent them from being exposed to such risks. The court will often require the alleged parent to comply with the following:
- The parent must not be under the influence of any illicit substances or;
- The parent must have regular/random drug testing
In cases where drug abuse has been proven, the court may order the parent to actually have no contact at all with their children or in some cases, supervised contact. An immediate family member may supervise the contact of the alleged parent. Alternatively, supervised visitation centres can be used for such purposes.
Here are several ways in proving cases of positive drug tests:
1. Hair Follicle Test
– People may undergo a hair follicle test to prove drug usage. A sample of hair is taken from the person and the results and the results of the drug test may show up in three months. Hair follicle tests can detect specific or several drugs. There is a significant fee for this test and it may be payable by the party being tested or the cost may be ordered to be shared between the parties.
2. Urine Analysis
– These types of tests can be done regularly and alternatively to detect illicit substance abuse. While this testing is cheaper compared to hair follicle testing, it has its own limitations. Different drugs stay in a person’s system for different periods of time, which makes this type of testing impractical for some instances.
3. Alcohol Test/Blood Test
– If a party is drinking excessively, the court may order them to have a blood test to review their liver damage. High levels of damage to the liver may indicate that the person has been drinking large amounts of alcohol over a long period. Parenting orders can specify that alcohol tests be done at particular times.
Assuming that the alleged person involved in a positive drug test and child custody case tested positive for illicit substances, the court may implement reduced time with their children. These orders may be made on an interim basis and may continue until a negative test is presented or until a final hearing is carried out.
All random drug test requests should be made in writing to the other party and the test must be carried out in a certain time frame. Given that the alleged parent fails or rejects to undergo drug testing, the Court will recognize this as a positive result.
Child Custody And Drug Abuse
Drug use should be labelled as dangerous, especially when in a household with children. This poses great risks of potential harm and inadequate supervision for the child. Family violence may also stem from the drug use of a parent as it impairs their decision-making abilities. Furthermore, emotional or psychological abuse may also be present in the household.
The child’s best interest is considered when dealing with a positive drug test and child custody case. When deciding which of the parents will have custody, the court will always prioritise the child’s safety and provide them with the standard way of living in a household.
Legal Advice On Positive Drug Test And Child Custody
A case of a positive drug test and child custody is never easy to tackle. Ensuring the safety of a child is also a priority as they deserve a healthy and standard way of living in a household. Especially with the Covid-19 pandemic still going on, we never know who are the people using illicit substances under a household.
JB Solicitors’ experts in family law specialise in handling such serious drug abuse matters. With the court’s involvement in such cases, it is only essential to be equipped with the rights solicitors’ legal aid in such cases. We offer fixed-fee pricing for our legal services to help you in easing money-related matters on your end.
Get in touch with JB Solicitors today
