NSW When a mother is an addictict

[Vincent]

I am in a tricky situation. My son and the thr mother of my child lives with her grandparents. She is heavily addicted to opiates and alcohol and this has a significant strain in my son and his health and stress seem to be in the rise especially as she’s for a good part of the time either drink or high. We share an informal arrangement where he spends alternate weeks with us. She is on the verge of going to rehab and has been having verbal arguments with my son and my son has mentioned that he does not know how to handle this situation. Additional to this the grandparents and his mum and always arguing which adds to the stres situation. I have decided to first get a mental health assessment of my son but I’d also like to know what my rights are in this situation. How can I protect him? Who can I ask for help? I’m worried about my sons mental health and what this situation is doing to him.

 

[sammy01]

how old is the child
What sort of drugs? Does she have any criminal history?
Given there are no court orders then technically, you're not doing much wrong by withholding the child.... Kinda... So what I mean is you're not breaching any court orders. But it might not be a good idea if this thing goes to court.

My thoughts - well I have a few.
You could just stop the kid going to mum's if that is what he expresses (depending on age) but I would not do this without consulting a doctor and probably a solicitor.
You could book in for mediation and see how that goes.
You could keep the kid with you and make a court application for primary care.

Look it is hard to give solid advice based on the scant details provided. I'd suggest you inform the mother that you'll do mediation but until she can sort her stuff the kid will be staying with you and spending weekends with the child... How would the child go if he were to go to mum on Friday after school, then you pick the child up from school on Monday?

 

[Ozwarlock67]

It sounds like your son is old enough to say he doesn't want to be in this situation.
I'd get him out of there without delay and tell every judge you see why.