Drug Use by a Co-Parent

The Federal Circuit and Family Court of Australia is often faced with allegations that a parent has exposed a child or children to an unacceptable risk of harm as a result of illicit drug use by a parent.

The Court has wide ranging powers to assess what is the children’s best interests under the Family Law Act, including ordering that a parent submit to drug testing. Drug testing in family law matters can occur in different ways, including by urine analysis testing and hair follicle drug testing. These procedures usually occur in supervised settings, at authorised independent facilities. They are often triggered in response to a “random” request being made to a parent, with usually only a very short time for compliance (sometimes 24 hours) depending on the type of test.

The types of drugs tested for can include marijuana, amphetamines, opioids, cocaine and fentanyl. Testing can also be ordered to cover prescription type drugs such as benzodiazepines. I have even managed to have parents successfully tested for synthetic cannabinoids in the past.

Urine testing usually tests for more recent drug use whereas hair follicle testing can date back 3 to 9 months depending on the detection period ordered.

Once results become available, specialist forensic experts can the be retained to analyse the results, particularly if the results test for drug use over a period of time.

Parenting cases involving risk allegations such as drug use are often complex and require lawyers handling such cases to have an intricate knowledge of not only the Family Law system, but also the forensic independent evidence which may be available. This allows a party to be best placed to assist the Court in assessing such allegations to determine what is in the childrens’ best interests.