Become drug free or lose custody

A magistrate cited Harry Potter’s entanglement with evil in his warning to a marijuana-smoking mother, writes Kim Arlington.

Harry Potter and Ron Weasley had Hermione Granger to help them out of trouble; a mother with a weakness for marijuana has the prospect of losing custody of her child to keep her on the straight and narrow.

A federal magistrate drew parallels between the fictional characters and the mother’s marijuana use when ruling on the child’s care.

Known by the pseudonym Ms Cannon, the woman has a five-year-old son with her estranged husband. She admitted smoking marijuana occasionally, when the child was not in her care. But the boy’s father, Mr Cannon, was concerned by her drug use and supposed lack of attention to their son’s welfare. He wanted his son to move in with him.

The magistrate, Warwick Neville, last week ruled the boy should live with his mother – but she must undergo drug testing. If she returns two positive tests three times within three months, the boy will live with his father, and have supervised visits with Ms Cannon until she remains drug-free for 12 months.

Conceding it was an imperfect analogy, Mr Neville likened Ms Cannon to Harry and Ron, the boy wizards who, in the first of J. K. Rowling’s bestselling books, get caught in a twisting vine called the Devil’s Snare.

“The harder they struggle, the more tightly they are ensnared,” Mr Neville said. Their rescue, ”courtesy of their valiant friend, Hermione Granger, comes via the shedding of light on the treacherous vine. Like these characters and their plight, it seems to me that Ms Cannon requires some assistance to ‘kick this habit’ and break free of the ensnarement of this different form of vegetation.”

Help for Ms Cannon was ”not provided by a spell from Miss Granger, but the requirement to undertake monthly drug testing for 18 months” – including urine and hair follicle tests.

While accepting Ms Cannon was a committed mother, Mr Neville said her responsibility as a parent ”must take precedence over any fleeting enjoyment or escape provided by her sometime use of marijuana”.

There was no evidence the boy had suffered any harm in his mother’s care. However, Mr Neville was concerned by Mr Cannon’s hyper-vigilant, “almost obsessive parenting”, saying it risked smothering the boy. “What might be described as over-protective or claustrophobic parenting can cause as many problems as it seeks to prevent.”

The Federal Magistrates Court in Canberra heard Mr Cannon only wanted the best for his son, moving from Sydney to Canberra to be closer to him. But “his intensity, together with his ongoing mistrust of Ms Cannon, makes for a rather potent parenting cocktail”, Mr Neville said.

Believing Ms Cannon was using drugs, Mr Cannon had their son drug-tested without her knowledge. He also complained about her giving the boy food with artificial colouring.

Read more…Marijuana smoking mother risks losing custody of child

2 year good behaviour bond for denying access

A mother has been placed on a two-year good behaviour bond for ignoring court orders giving her former husband access to their children.

Known by the pseudonyms Mr and Ms Demarchis, the couple separated in 2001. She won custody of their three children, and a court ordered they spend regular time with their father. But Ms Demarchis repeatedly contravened the orders and the father has not spent time with his children since August 2008.

”This is a most complex, difficult and ultimately sad case,” the federal magistrate Evelyn Bender said.

The parents do not speak and want to avoid any future interaction, the Federal Magistrates Court in Melbourne heard.

The children, now aged 19, 15 and 11, did not want to spend time with him. They described their father as selfish, rigid and uninterested.

”It was the wife’s evidence that she has, over the years, tried to encourage the children to have a positive relationship with their father, but that his ongoing lack of interest and participation in their lives has resulted in the children making the decision that they no longer wish to spend time with him,” Ms Bender said.

Mr Demarchis, however, did not concede that his behaviour or parenting style contributed to the breakdown.

Although the court directed Ms Demarchis to make sure the children’s mobile phones were charged and had enough credit to speak to their father each Wednesday, she failed to facilitate and encourage the calls.

She failed to make the children available for visits with their father, taking them to the beach and, on one occasion, avoiding him by driving to a town the children randomly entered into their sat nav.

An independent family consultant reported that the children’s reluctance to spend time with their father was due to his lack of emotional availability and rigid parenting style, but also the mother’s failure to support their relationship with him.

”The way forward in this matter rests very much in the attitudes of the parents and in their ability to accept responsibility for their own behaviours,” Ms Bender said.

She put Ms Demarchis on a good-behaviour bond, to pay $3000 for any breach, and ordered Mr Demarchis into counselling to improve his parenting strategies.

Source…Mother on bond for ignoring access order

Custody Disputes and Child Custody

For those who are not unfamiliar with the process, the issue of
child custody is one they would much rather not get involved with.
Unfortunately, with the growing frequency of divorce, more people are
now finding that they need to learn more about the issues surrounding
it.

Following are some of the most often repeated questions asked by people
who are unfamiliar with the subject. The answers provided here
represent information collected from various child custody attorneys.
While it is true that child custody laws are not the same for all
states, the following answers are expressed in general terms.
Obviously, you must consult local experts to determine whether these
answers will apply, as stated, to your own situation.

- What is the Definition of Custody ?

“Custody” refers to the court ruling that decides which party will be
responsible for the child or children when their parents are not living
together. This can apply to couples who are either divorced or
separated, as well as those who have never been married to each other,
but are biological parents of the children involved in the case.

- How is Legal Custody Different From Physical Custody?

If parent has been given physical custody, it implies that the child
will spend full time living at home with that parent, on a more or less
permanent basis. If the custody ruling is “joint physical custody”,
then the child is moved back and forth between the two parent’s
individual homes.

If a parent is granted “sole legal custody”, only that parent holds the
legal right to make decisions with regard to the child’s health,
education, and general welfare (physicians, schools, etc). When “joint
legal custody” is ruled, both parents will share in making these
decisions.

- How is a Custody Decision Made? A judge will typically give approval
to a custody arrangement once it is agreed to by the parents. If the
parents are unable to reach agreement, they will be required to speak
with a counselor or mediator who will help them work out a plan. The
judge is then required to make the decision on any disputed issues that
both parties are not able to resolve.

- Can a Child Still See a Parent Not Awarded Physical Custody?

Certainly. The court will typically issue an order which provides for
the non-custodial parent to have ample visitation rights with the
child. This can, however, be restricted in any case where domestic
violence is suspected or has occurred, or in a case where a parent’s
ability to properly care for the child is under question.

- What Happens When A Custodial Parent Forbids The Child’s To Visit The Other Parent?

The non-custodial parent can request that the court issue a “contempt”
order. If the parent is found to be denying visitation the court can
impose sanctions. If it can be demonstrated that it was done
intentionally, the non-custodial parent may then have grounds to sue
for the child’s custody. Usually, the judge will require the couple to
try to work things out with the help of a councellor of mediator before
taking that step.

- Can A Custody Arrangement Be Changed If It Isn’t Working?

Parents are normally able to make changes to a custody arrangement if
it isn’t working, provided they are both able to agree on the new plan.
They can then request that the judge to make it official. If the
parents continue to disagree, they can ask the judge to decide on the
changes. The judge’s decision will be based only on serving the best
interests of the child. This can become problematic if the child has
been well-cared for, or if the previous custody plan has been in force
for some time.

About the Author

Carlton
Driver is a retired Engineer who writes on a variety of subjects. There
are two FREE Reports about Child Custody Issues that you can download
from our site. Go to: http://tinyurl.com/custody1
to get the download link. For more extensive information regarding
custody issues, there are comprehensive Guides available at: http://tinyurl.com/custody2 where you can get more in-depth information.

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