Legal Question in Family Law in Canada
Child custody / divorce / Drug use
My soon to be ex husband is a drug user. (crack cocaine) i want full custody of my daughter who is now 21 months old. he loves his daughter very much and she adores him, so he does now have visitation with supervision. I am seperated a year almost filing for divorce. If my ex gives me problems with me filing for full custody is there a way that the courts can test him (insist on it) for drug use? to prove he is unfit?
1 Answer from Attorneys
Re: Child custody / divorce / Drug use
In British Columbia, under certain circumstnces the courts will order an access parent to undergo testing for drugs. It can be a difficult order to obtain, and you should consult a lawyer as soon as you can. If access occurs or continues without restrictions or conditions, then the longer it goes on, generally speaking the less chance you will have of being able to impose conditions.
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