I split from my husband in Feb 2017, he was emotionally abusive and was hiding his drug use, marijuana,and hiding alcohol in the shed - he did drink inside the home but he lied to get extra money for drugs and alcohol.
Please do not judge, back then I was emotionally fragile and just trying to get my kids and I out and in a better place which we are now. I never requested an IVO for his abuse, which I was advised that it would be beneficial for me, nor did I request drug tests, I was still scared of his reaction and dealing with the emotional trauma from years of emotional manipulation and abuse.
Tonight when I dropped the kids off for his weekend I noticed a sign of him smoking weed again. Is there a way for me to request him to submit random drug tests? Weekly if possible as I have seen him (years ago) drink a heap of juice to flush his system for when his work were doing medicals and testing for drugs so I know he will try different ways to eliminate it from his system if he is using?
I am in Victoria so helpful info would be great. If he did test positive for this then yes I will be seeking that the kids do not stay with him until he is drug free.
4 Replies
That is probably a question for a lawyer
You probably wouldnt get very far with that request, all that will be stated is that he can not smoke it in front of the children. Also as it stays in your system theres no way to know if he smoked days ago or was still under the influence. You really cant control what he does at all and at this point in time its your word against his. Also drug testing is quite expensive and even more so if its a supervised test at a facility. Who will you request pay for this each week? Basically your request is not reasonable in the eyes of the law... been here and done that!
Yes you can request a drug test. Also it is highly unlikely you won’t be able to get it especially if you offer to pay the costs, I wouldn’t do urine tests though, ask for a hair follicle test as it covers the last 90 days and there is little to no chance he can mask it. The test is around $275 well worth it in my opinion to put your mind at rest. He won’t lose custody of the kids obviously but it’ll confirm your concerns are correct and might affect overnight stays.
Contrary to most other posters, I think this is of concern. So easy for others to say no need to worry etc etc - but if it were their kids, could be a different story. Contact a solicitor and you will need to go through mediation first to start with also, before court. Not sure how you will go - it's a pretty screwed system - but I wish you well. Good on you for protecting your kids!