Event and Time
Event Description
- A family law case regarding child custody and parenting orders.
- Parents reached an agreement during the trial regarding their daughter, X, who was born in 2015.
- The father has a history of illicit substance use, notably methamphetamine, necessitating supervision for his time with X until certain conditions are met.
Application and Claims
- The mother seeks to maintain sole parental responsibility and ensure her daughter’s safety.
- The father agrees to certain orders but seeks unsupervised visitation rights contingent on his completion of counseling and testing negative for illicit substances.
Judicial Decisions
- The court decided that the father must provide evidence of negative hair follicle testing prior to unsupervised visitations with X.
- The father is mandated to engage in drug and alcohol counseling for a minimum of 12 months.
- Specific collection and reporting procedures were established regarding X's visitation schedule with the father.
Dispute Points and Legal Basis
Dispute Points
- Mother's Position:
- Claims concern for X's well-being while in the father's care given his history with drugs. - Advocates for continued supervised visitations until the father's illicit substance use is conclusively addressed.
- Father's Position:
- Argues for the establishment of unsupervised visitations based on compliance with counseling and testing. - Claims willingness to adhere to requirements for testing and counseling.
- Independent Children’s Lawyer's Role:
- Supports certain orders proposed by the parents but emphasizes the need for safeguards to ensure X's safety. - Concerns regarding the timing of moving to unsupervised visits and the father's compliance.