WA Consequences of Breaching Interim Order?

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Troy Thomas

Active Member
23 September 2018
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I had my child's hair tested for Methamphetamine, as I suspected his mother was smoking meth while he was in her care. The results were positive, consistent with environmental exposure. I have handed back my child twice since while waiting for his mother to respond to a request to have hair analysis and the house tested.

It has now been over a week with no response and I have to hand back my child again today. If I don't return my child to his mother, what are the consequences as I truly believe I have good reason to keep him until the mother provides the results of the tests requested?

I am extremely worried about his health and wellbeing .
 

sammy01

Well-Known Member
27 September 2015
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Did a dr do the drug test? Surely they would notify doc's? How old is the kid? When is next court case? How often do you see the kid?

Consequences of not returning the kid? Look it is problematic. Assuming he is school age, then mum is likely to pick the kid up from school. So you've achieved nothing.

Your best bet is to have Doc's involved. They might go check up on mum at her home if they direct you to keep the kid great. If not, then you have no third party advising you to keep the kid and that is an issue.
 

Rod

Lawyer
LawTap Verified
27 May 2014
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915
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Tough position to be in.

Are you set-up to have your child full time? (eg own bedroom, before/after school care if you work)

You may consider the use of an intervention order, mother to stay away from child, as an interim measure. You haven't said which state you are in which is important as intervention orders are all state based laws.

Drugs are a serious issue as far as courts are concern and will often remove kids from exposure to drugs. Courts may not prevent all access tot he mother but are likely to reduce her involvement in the kids life. It is possible to also apply for sole parental responsibility. If it is a serious drug habit then there is legitimate concern the mother cannot make good decisions about the health and well-being of her kid.
 

Troy Thomas

Active Member
23 September 2018
5
1
34
Did a dr do the drug test? Surely they would notify doc's?
How old is the kid?
When is next court case?
How often do you see the kid?
Consequences of not returning the kid? look it is problematic. Assuming he is school age, then mum is likely to pick the kid up from school. So you've achieved nothing.

Your best bet is to have Doc's involved. They might go check up on mum at her home IF they direct you to keep the kid GREAT. If not then you have no third party advising you to keep the kid and that is an issue.
A doctor did the test. Docs have been notified, however not heard back from them. Next court case is Nov 18. My child is 2 years 6 months. Interim orders are 3 nights 3 days per fortnight. I am set up to have my child no issues there.

It's been a long hard battle as she took off with him for 3 months. No contact until I applied to court
 

sammy01

Well-Known Member
27 September 2015
4,166
596
2,894
So call Doc's Monday, if they advise you to withold do so and get some paperwork from them that says as much, then consider going to the cops and getting an IVO. They are just as likely to knock you back, but worth a go. My concern is that mum will somehow get the kid back and stop all access in retaliation but an IVO will stop that.

Has the drug issue been raised in court?
 

Troy Thomas

Active Member
23 September 2018
5
1
34
So call Doc's Monday, if they advise you to withold do so and get some paperwork from them that says as much, then consider going to the cops and getting an IVO. They are just as likely to knock you back, but worth a go. My concern is that mum will somehow get the kid back and stop all access in retaliation but an IVO will stop that.

has the drug issue been raised in court?
I have told lawyers, in my first affidavit, family consultant and department of child protection. No one is listening. The Mother just denies and everyone believes her. Perhaps now they will believe!
 

Complex16

Well-Known Member
27 July 2016
118
15
454
Personally I think you’re between a rock and a hard place here. Handing the child back three times when you have the positive test result one could argue you aren’t really that concerned about the risk or the exposure.

Is she likely to argue your child has tested positive from your residence, not hers?

Get your evidence, got to court and seek an intervention order ASAP.
 

Troy Thomas

Active Member
23 September 2018
5
1
34
Personally I think you’re between a rock and a hard place here. Handing the child back three times when you have the positive test result one could argue you aren’t really that concerned about the risk or the exposure.

Is she likely to argue your child has tested positive from your residence, not hers?

Get your evidence, got to court and seek an intervention order ASAP.
I am extremely worried, the advice I got was to hand him back or I could be breached. My house has been tested for meth and is negative. Time to take serious action