QLD Positive hair follicle test - will my ex partner still have access?

[bowiemily]

Hi there,

My ex partner and I were ordered to do hair follicle drug testing at our last directions hearing. It was ordered the test be performed within 35 days. I did mine within that timeframe and my screen was negative as expected.
However, my ex partner shaved his head and did the test 65 days later which is hugely out of the court ordered time frame. Not only that, but he’s tested positive for opiates and Codeine. My hair sample test was 3.92cm of hair and his was 1.9cm of hair ( court ordered 3.91 ).

Does anyone have experience in this area? Will he still see our son every second weekend (current order). I am terrified he’s using opiates and caring for our son in this time which could greatly affect little ones wellbeing.

Any thoughts or advice are appreciated.

Thank you

 

[Rod]

This is something you should be discussing with your lawyer. It is one part of matter and cannot be taken in isolation of all the other facts around your situation.

 

[AllForHer]

Generally agree that a positive test can’t be taken in isolation of all other facts. For example, codeine is a pain med that was, until recently, available over the counter at any pharmacy, and there are many opiates which are prescribed for pain management of chronic illnesses. The trending use of either one doesn’t necessarily allude to a parent who poses an unacceptable risk of harm to their child. Indeed, we would have a very strained foster care system and a lot of very dysfunctional kids if every parent who was prescribed OxyContin had their children removed from their care, correct?

The positive drug test needs to support the allegation that Dad poses an unacceptable risk of harm to the children for it to lead to a no-contact outcome. Both codeine and opiates are available in some form via prescription, so the impact it might have on your parenting matter is probably going to be more dependent on the other factors around the case, rather than just on the drug test itself.

 

[thatbloke]

If he is taking medication and has prescriptions/Doctors letter, it won't matter. In fact, if he is following a prescribed course of medication from a health professional, it could be a bonus to him. If he is not and it is something else, it COULD matter. Easy