what kind of drug test does a court usually order?? in canada.. details inside?

[Mrs.JackSparrow <3]

I just served my ex with custody papers for our son... we only ever had a verbal agreement on custody and we got along great until last Wednesday, he showed up to pick up our son and he was very obviously high. his eyes were bloodshot and he WREAKED of it. I asked him if he had drugs on him he said no and I left it at that. I thought about it some more that day and night and talked to my parents and ended up deciding to confront him when he dropped our son off that night. He then admitted to me that yes he was high so I told him for now you can not see him unless it's at my house with me there. so the next day I started making calls to get advice on what to do now. I tried to get legal aid but because our son is in my care right now with really no threat of his father getting him I couldn't qualify.. however I submitted my court papers and got a court date.. in my court papers I explained what had happened and that I have denied him access he may visit but only if I am there to monitor. In my papers I said that once he can pass a drug test I would like him to have access to our son everyother weekend and one evening a week with extended access on P.D days, holidays etc.. as mutually agreed on. I'd also like to point out that before this incident I had numerous conversations both on the phone and in person about his drug use and taking our son to houses where drugs are present and he choose to ignore my requests and showed up high and put my kid in the car and drove with him high....
What kind of drug test does the courts in Canada usually do?? he has texted me saying he has stopped and hasn't used since Saturday (less then a week ago and even after taking his son away he was still doing it). What are the chances of him passing the drug test? I obviously want him to stop so it's not a bad thing if he passes... but I'd also like the courts to know I was telling the truth and had reason to deny him access like I do have text messages from him admitting to doing it... he says he wasn't high though when he picked up our son.. and he has agreed to drug test. also my mom was there when he showed up to pick my son up and she heard me asking him if he had drugs on him and telling him he stunk.. she couldnt smell him because she was half way up the stairs and I was right next to him but she did hear our conversation.

also druggies please don't bother answering my question with your stupid answers about how drugs arent that bad and you can still be a good parent when your high. IF that were the case drugs wouldn't be illegal !! and every child deserves to be brought up in a safe CLEAN environment with out parents who use drugs!
regardless of the drugs use there should still be a court order of custody and I don't believe what I am asking for is outrageous it's pretty much the same agreement we already had in place he's just loosing one day... and yes it's weed... still one drinking and smoking cigarettes aren't illegal but you can't get tanked when you have your kids that is irresponsible and extensive alcohol use is definitely considered in family court cases. ALSO second hand smoke is harmful to everyone children included. and I'm sorry I believe given the choice of a parent who doesn't smoke ANYTHING over a parent who does the parent who is totally clean has the best interest of the child in mind.
and last time I checked it is still illegal to drink and drive... I'm guessing your saying driving while High is ok ?? and with a minor child in the car
I have already told him that I don't care what he does on his own time he can smoke as much pot as he wants when he doesn't have my kid but when he has my kid he is to be a responsible parent and stay away from drugs and not take my son places where drugs are.. I had that conversation with him about 5 + times before that Wednesday what more can I do.
I still think it's irresponsible to do it when the kids are in bed.. what if something happened and they needed to go to the hospital then you would be putting them in a car with someone who is high behind the wheel... or do you have one sober person there should a problem arise? I guess you could call an ambulance but I'd rather be taking my kids to the hospital while I'm totally sober..
when I want to have a night of drinking which isn't very often I get a babysitter that way my kids are totally safe and with people who can take proper care should nething heaven forbid happen. I don't want to take my son away from him I just want my son safe.. once he's clean he can take him everyother weekend and during the week thats what I'm asking for in my court papers.. our court date is Nov. 5th anyways so it's not like its months and months down the road it's soon. CAS is doing their own investigation as well and I contacted the police. I've taken the proper steps..

 

[Home]

You keep mentioning drugs, but it sounds like you are talking about weed.
Weed is just like alcohol, you can't lose your kids because you drink or smoke.
If he was shooting up heroin or a harmful drug, you would have a case.

But obviously you don't.

 

[♥Bitchbitch]

Listen. We clearly understand your stance on drugs. However there is a reason drugs are 'Scheduled' (You know Schedule 1,2,3,4...).

The court system looks very badly on parental use of schedule 1 and 2. But, as another poster said, you appear to be talking about pot...which is class 4. Even though it is illegal, even police, judges, CO's, etc. know and understand that it is a practically harmless drug. That is why they are so lenient when it comes to pot use. Even parents involved with Child Protective Services found to be habitual pot smokers (not in combination w/other drugs) are allowed to keep there children. That is a fact.

You will find that the court system will not do much about your ex's pot use. They may go through the motions by giving random drug tests, but will most likely not take away any of his current parental rights and/or visitation.


Anyway, to answer your question, the Courts usually give a 'cutoff' drug test. This measures the level of toxins in the body down to a certain level. If there is a lot of the toxin, he will test positive. If there is too little (even if there is still a tiny bit) he will test negative. Meaning if he drinks enough water he can easily flush the pot out of his system (if he's smart).

I do, however agree with you that he should not be smoking right before a visit with his son. He should have waited. Maybe you want to take a different (maybe compromise?) approach with your ex. Tell him that if he is going to smoke pot, to do it on his own time, not before or during a visit.There is no reason he shouldn't agree to that. If he can't agree or stick with that compromise, then I say go ahead with the court action because he is just being hard-headed and irresponsible.

Good luck.

Btw, I am not a druggie. i occasionally smoke pot. I am a working, productive member of society with my own home, a husband and two children. I smoke on my own time when the kids are fed, watered, bathed, healthy, and in bed. Don't generalize.