Family Court imposes strict conditions of drug and alcholol testing for father to see child.

FLAST CASE BRIEF : SYKES & GROFF & ORS [2019] FCCA 1079

We often hear about cases involving drug and alcohol abuse along with domestic violence, this case examines such a scenario, where the  court had to consider whether a father ought to have unsupervised time with a young child when there are serious allegations of family violence and drug abuse and he has failed to provide drug screens.  

It was held that the mother shall have sole parental responsibility for the child and the child live with the mother. 

Conditions for father to see child :

Within 72 hours of the date of these Orders, the Father shall make an appointment to attend for hair collection at an Australian Workplace Drug Testing Services (AWDTS) Clinic or nominee by telephoning 1300 37 84 83, and shall provide a hair sample (“the sample”) for drug testing purposes (“the drug test”), with collection to be conducted by a qualified and certified collector, and the drug test to screen for illicit substances for the 6 months prior to the provision of the sample.

To give effect to the above, the Father shall maintain his head hair at a length of not less than four (4) centimetres and he is hereby restrained by injunction from cutting, bleaching or dyeing his hair, or allowing any other person to do so, between the date of this order and the time of collection of the sample.

The drug test may screen for alcohol EtG and/or drugs of abuse including amphetamine-type substances and metabolites, cannabis and metabolites, cocaine and metabolites, opioids and metabolites and any other drug specified in this order as required.

Until the father has provided a hair follicle drug test that complies and which shows an absence of any illicit substance for the previous 6 months, the child shall spend time and communicate with the father as follows:

(a) Provided that he has provided six consecutive urine drug screens within 24 hours of a request by the Independent Children’s Lawyer, showing no use of illicit substances, then from 9:00 a.m. until 1:00p.m. on Saturdays supervised by the paternal grandparents;

(b) If the father has not complied, then for 2 hours in each alternate week supervised by a professional Child Contact Service or Centre at such times as might be accommodated by the Contact Service or Centre; and

(c) at other times by agreement between the parties in writing.

To find out why the Court made this decision and read more on this case click here [2019] FCCA 1079.

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