Drug using father......

Freedomfighter

This is all hypothetical and in no way looking for advice....
Lets say a mother finds out her 5 year old sons father is a drug user. In actual fact that when he collects the child he is on drugs (heroine). She hears from a friend that he was seen driving dangerously a few times with the child in the car. Again she notices that he is not right. To finally get confirmation from himself that he is taking drugs.
The mother must look after the best interest of the child but is unsure where to turn to next.
Again hypothetically if the mother needed to protect her child against any accident this man may have. Would a judge force access for the father if on drugs. Would the mother need proof that he is using? Again in this hypothetical story what advice would one give the mother to protect her child.

Nevyn

First port of call would be a chat with her local socail workers about the situation to see what the policy and proceedures are.

dermot_sheehan

Freedomfighter wrote:

This is all hypothetical and in no way looking for advice....
Lets say a mother finds out her 5 year old sons father is a drug user. In actual fact that when he collects the child he is on drugs (heroine). She hears from a friend that he was seen driving dangerously a few times with the child in the car. Again she notices that he is not right. To finally get confirmation from himself that he is taking drugs.
The mother must look after the best interest of the child but is unsure where to turn to next.
Again hypothetically if the mother needed to protect her child against any accident this man may have. Would a judge force access for the father if on drugs. Would the mother need proof that he is using? Again in this hypothetical story what advice would one give the mother to protect her child.

A crucial issue would be whether the father and mother were ever married to each other. If they weren't the father would only be guardian of the child by operation of s. 6A of the guardianship of infants act 1964 as amended (either by appointment by the court or by mother filling statutory declaration. http://www.irishstatutebook.ie/ZZA7Y1964.html

S.3 of the act makes the best interests of the child paramount, s. 8 gives a court the power to remove a guardian

If they are married guardianship would be an issue sorted out by the court under the Family Law act during judicial separation. Even if they are married application could be made to the court regarding custody under s. 11 of the guardianship of infants act

Nevyn

gabhain7 wrote:

If they weren't the father would only be guardian of the child by operation of s. 6A of the guardianship of infants act 1964 as amended (either by appointment by the court or by mother filling statutory declaration. http://www.irishstatutebook.ie/ZZA7Y1964.html

S.3 of the act makes the best interests of the child paramount, s. 8 gives a court the power to remove a guardian

That assuming that the unmarried father applied for guardianship and the mother consented or he was awarded it by the court.

dermot_sheehan

Thaedydal wrote:

That assuming that the unmarried father applied for guardianship and the mother consented or he was awarded it by the court.

Well if the unmarried father did not apply for guardianship then there's nothing stopping to mother from simply prohibiting her child from seeing him.

Nevyn

There could be a meditated seperation agreement which inculdes a parenting plan and visitatations that was made contractual with out the involvement of the courts.

Freedomfighter

gabhain7 wrote:

A crucial issue would be whether the father and mother were ever married to each other. If they weren't the father would only be guardian of the child by operation of s. 6A of the guardianship of infants act 1964 as amended (either by appointment by the court or by mother filling statutory declaration. http://www.irishstatutebook.ie/ZZA7Y1964.html

S.3 of the act makes the best interests of the child paramount, s. 8 gives a court the power to remove a guardian

If they are married custody would be an issue sorted out by the court under the Family Law act during judicial separation proceedings

Lets say they were never married and he has not been given guardianship and wont be. He was a heroine user some years ago and is going back to his old ways. She has witnessed his driving and is extremily worried as he is a mad man behind the wheel.
If it goes to court again, as he will take her if she stop his access, will she need to produce evidence of his drug taking. Could a judge for the best interest of the child request a blood test.
What really is the best road to take for the mother here.

dermot_sheehan

Thaedydal wrote:

There could be a meditated seperation agreement which inculdes a parenting plan and visitatations that was made contractual with out the involvement of the courts.

In which case it would be a contract law issue, but glancing at the Guardianship of infants act (been 2 years since i covered it in family law), s. 11 which allows any guardian to apply to the court to decide custody seems to be appropriate if they are married.

In this hypothetical case, it's quite simple. If the father isn't a guardian, he would have to apply to court under s. 6a to be appointed a guardian http://www.irishstatutebook.ie/front.html

The court would still have to have regard to s. 3 of the act which makes the child's interests paramount. The mother in opposition to an application under s. 6A would I suspect have to provide convincing evidence why it's not in the child's best interests to have its natural father appointed guardian

Freedomfighter

Again hypothetical, lets say the mother for the best interest of the child refuses access. He takes her to court. Will the mother have to prove he is taking drugs. Is there anything the court can do to make him prove he is not taking drugs.

joebhoy1916

They will order him drug tests everyweek!

Do you not think you would be better trying to get him some help rather bringing him to court.

"What really is the best road to take for the mother here.
Yesterday 14:20" If you ask me you would be better staying away from courts and social workers talk to him tell him you will stop him seen the child if he doesnt stop using!

If you cared for father and he lost his child in a court case what do you think he would do? Most I know OD on purpose.

"She hears from a friend that he was seen driving dangerously a few times with the child in the car" Do you know what a person is like when there on it?
Very hard to talk never mind drive! I dont know IF i would believe that because I can asure you it would hard to do but it wouldnt be impossible!
And if he anyway cared for the child he wouldn't be doing it while driving that's crazy with the child in the car.

If you are going court just tell the judge what you said here and he has a problem and needs help! But like I said just be careful what can happen!

Nevyn

Ideally there would be a call for a socail workers review of the fitness of the father to have the child this would include where the child is staying when with the father and if it is suitible.
This type of a review would include interviews with the other co parent but with the lack or rescourses and over worked socail workers this may not get ordered and a parent pushing for it can seem to be doing it for the wrong reasons.

The mother could go directly and make an appointment have a chat with the socail workers in the local health clinc as to the best way to proceed from thier end and have them note the concerns.


I'd see no reason for the mother to be concerned as to reguards the father's welfare it is the welfare of the child that is paramount.

Freedomfighter

joebhoy1916 wrote:

They will order him drug tests everyweek!

Do you not think you would be better trying to get him some help rather bringing him to court.

"What really is the best road to take for the mother here.
Yesterday 14:20" If you ask me you would be better staying away from courts and social workers talk to him tell him you will stop him seen the child if he doesnt stop using!

If you cared for father and he lost his child in a court case what do you think he would do? Most I know OD on purpose.

"She hears from a friend that he was seen driving dangerously a few times with the child in the car" Do you know what a person is like when there on it?
Very hard to talk never mind drive! I dont know IF i would believe that because I can asure you it would hard to do but it wouldnt be impossible!
And if he anyway cared for the child he wouldn't be doing it while driving that's crazy with the child in the car.

If you are going court just tell the judge what you said here and he has a problem and needs help! But like I said just be careful what can happen!

Again in this hypothetical story i would have seen him myself and asked him was he taking anything for him to slur yes. As people have said it is in the best interest of the child. Lets say he collected the child and god forbid crashed and killed him. The mother knows he is taking something. He is not the sort of man that will sit back and let you refuse him access. He will take it to court.
He came off heroine before but to slide back on the road again. He is im sorry to say a waster. He wont work but prefares to spunge off his mother. Unfortunately he is an unfit father. Cannot take care of himself never mind a child. Like i said the mother will say you are not taking him while you are using but he will be the one to take it to court. Hypothetically of course.
As for getting him help, i myself have wasted enough time on him.
Slap me once shame on you, slap me twice shame on me.

joebhoy1916

Sorry thought this was PI.

Well if your not married and he is not on the birth cert as father he has no rights. He then will go to court if the woman says the child isnt his the court will order a test. Just tell the judge what you said if he is bad on the gear he wont be able just to come off it, it will show on the tests. The judge will more than likely see him as an unfit parent! I dont know any mother that would allow a man who is on gear to drive the child anywhere thats just crazy!

"Slap me once shame on you, slap me twice shame on me"


Didnt mean anything bad by it, fair enough your doing in the childs best interests but is it really the child's best interest to stop his Dad from seen him? Most gear head's wouldnt give a **** about there kids but this one want's to see his child like you said he wont just except it well if you go to court he really wont have a leg to stand on!

But then again you said he was on it before which mean's he can give it up but is back on he can give it up again heroin doesnt stay long in the system even if he is doing urines there is weays he could get around it (GIVE SOMEONE ELSE'S) then what would happen? Maybe he will decide to go for full custody then what could happen!

You said he does be on it when he picks the child up what do you mean by that on weekends? Or after school etc.. Does the mother not see him on it? Ask the child if he has ever seen his father doing it? If he has if you want the father gone get him to say it to the judge!