VIC Other Parent Refusing Drug Test - What to Do?

Discussion in 'Family Law Forum' started by Ivehadenough, 26 January 2018.

  1. Ivehadenough

    Ivehadenough Active Member

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    I have final orders. I have asked the other parent to take a drug test and he refused, so I asked for a visitation centre again. He made no effort to do so, even though I arranged an intake.

    This started when police had to evict and remove this person from the place they lived. Drugs are involved (ice, heroin), mental health, etc.

    Reports to FACS have been made by the school, the doctors, etc.

    I now have to go to mediation. Legal aid are paying for a family lawyer for the 4 hours.

    If nothing is resolved what ‘merit’ needs to be met for the parent to have legal aid funding for court. The order did not state any time of days or overnight visitation. It was to be agreed between parties as previously visitation had been so sporadic.

    Before the reports and police involvement, I had been very accommodating with the other parent, but the other parent is not bothering and not coming to first day of school, Christmas, etc, even when emails and details had been sent and arrangements had made. They just failed to show. Then they message wanting time months later so I am in contravention of an order?

    Will legal aid fund for a new court case to change orders for full custody? I often read in here how courts don’t really ‘care’ about drugs, but if the drugs impact on life and someone is becoming homeless, surely it will be taken into consideration...
     
  2. AllForHer

    AllForHer Well-Known Member

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    Is there anything in your final orders about having the father complete drug tests? Anything about supervised visits?
     
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  3. Ivehadenough

    Ivehadenough Active Member

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    No, nothing. Shortest orders ever, even the school remarked on them. I’ve taken a risk to protect a child. She has various disabilities due to drug taking and alcohol during pregnancy, not even toilet trained at almost 8 and unable to attend a mainstream school for more than a few hours (I am not biologically the child’s parent).

    I have not been updated with the parent's address and after speaking to children services, have tried to act in a protective manner, but I never dreamed I was breaching the order and am now terrified of court and the pressure it puts on me. I am unable to have legal aid funding, so I will be self-representing.
     
  4. AllForHer

    AllForHer Well-Known Member

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    If there's no specified times - as in, obviously no specified times, not just a creative misinterpretation of existing orders - then technically, you're not in contravention of the orders.

    What's dad's status? Is he asking for the kids?
     
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  5. Ivehadenough

    Ivehadenough Active Member

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    Thank you. The father has stated he will revoke the care the judge awarded and have the child full time. He has never had the child live with him as the majority of time he was homeless. That’s why I wondered if he would be given further grants and what the ‘merit‘ process is.

    I have supplied Legal Aid with my own version of events when I was contacted.
     
  6. sammy01

    sammy01 Well-Known Member

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    where is mum?
    What threshold? Rice and Asplund....
    Basically, dad has to show there is a substantial change in circumstances that warrant a magistrate re-considering the arrangements... If half of what you have written is true then that wont happen..
     
  7. Ivehadenough

    Ivehadenough Active Member

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    Only half Sammy , there is a lot more that has made me come me to this decision ,it was not made lightly.
    The mother is awaiting criminal charges and has had parental rights removed
    What I was wondering was ,if legal
    Aid would fund the father for reopening of the case to change orders
     
  8. Ivehadenough

    Ivehadenough Active Member

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    If I may and if anyone is interested, I will update as I go hopefully gaining advice if it does go further than mediation
     
  9. sammy01

    sammy01 Well-Known Member

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    I'd be surprised if legal aid funded it. In fact I'd be amazed even if legal aid did provide any assistance at all.... Look until you get served notice of court sleep easy...

    Legal aid ain't gonna help... Not when you have final court orders already...
     
  10. Ivehadenough

    Ivehadenough Active Member

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    Legal aid are actually funding the dispute resolution, mediation, and providing him with a lawyer , but as the representative said they only hear his side on intake , I provided my account of what’s been happening, I advised them that I had 3rd party reports and family services had been notified, but it’s still going ahead
     
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