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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 01-17-2019, 12:55 AM
stillsoyoung stillsoyoung is offline
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In my sons Case Conference Brief two matters are unresolved. One, the applicant wants sole custody, my son is asking for joint, and she also wants supervised visitation.
The applicant has accused my son of being addicted to cocaine and that he has had arrests. The judge granted her an order for temporary custody with supervised visitation.
My son denied the accusations of both charges in his Case Brief and verbally to the judge.
Still the temporary order was made and he has agreed to 3 random drug tests over the next three months. Plus he agreed to provide the courts with a criminal background check.
In an email to my son yesterday the applicants lawyer requested that he be tested for marijuana and cocaine.
I am wondering he can request a test for MJ when it was never brought up in the case brief plus with it being legal now...can he still request that...
Just an FYI my son is unrepresented and the Applicant has a legal aid lawyer if that matters at all to my question.
Any thoughts would be appreciated.
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Old 01-17-2019, 06:31 AM
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blinkandimgone blinkandimgone is offline
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The lawyer can request whatever he wants, doesn't mean he will get it. What did the judge order and what was agreed to at court?

On what evidence did the applicant base their claim that the judge made this temporary order, and is there a history of substance use/abuse? Arrests?
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Old 01-17-2019, 09:40 AM
stillsoyoung stillsoyoung is offline
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There was no evidence for the judge to base her claim except what the applicant wrote in her CC Brief. (There is none)

There has been no arrests and my son will be providing a criminal record check that he agreed to do.

The Order reads "3 random drug tests". It didn't specify to which drugs nor did the judge verbally specify in the CC.

Cocaine and Alcohol were the only substances mentioned in the brief and yet he is told in an email from the Applicants lawyers to include MJ and cocaine.

As I am sure you can tell from reading this...yes he smokes weed and yes it will show up positive in the drug test.

He does use responsibly and has never nor would use while in care of his son.

I do not agree with the new weed laws, but they are what they are.

This just isn't sitting right with me...
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Old 01-17-2019, 09:59 AM
stillsoyoung stillsoyoung is offline
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There has been no arrests, and there is no evidence other than what the applicant wrote in her CC Brief.
There was no mention of MJ use in her brief or mentioned during the CC. Her allegation is of alcohol and cocaine addiction.
The judge asked my son if he would consent to 3 random drug test and he agreed.
Yes he smokes weed in moderation and responsibly. He has never nor will ever smoke while in care of his son.
Personally, I am not in favor of the new weed laws, but they are what they are.
He is going to fail for MJ use for sure on his first test and is worried that the judge could use that against him in his case for joint custody and reasonable access.
Something just isn't sitting right with me over this ..am I way off?
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Old 01-22-2019, 01:50 PM
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Conference briefs (SC and CC) do not form part of the continuing record and go in the trash. You could write that the moon is made of BBQ spare ribs. They are really not useful for judges and most don't bother reading them.

Also, the only way an order for custody and access could be made at a conference is if your son CONSENTED to it. A judge at a conference can only order technical things. Custody and access would require a motion or trial of EVIDENCE.

Read this article: https://www.separation.ca/blog/2014/...a-n-l-2013-on/

Also, cannabis can be legally consumed and is allowed under law. So a test for it is really not going to be useful to the court because if the judge makes an order based on the presence of THC/etc it will be overturned fast. In fact, there are people in the cannabis lobby who would pay for the lawyers and case law on that very thing to protect the industry.

I would recommend that your son complete a full tox screening for illegal substances and that is it. If the test is clean hold it in your back pocket and collect the false allegations up and then womp the other party with it on a motion or at trial. *IF* there is illegal substance abuse admit to it right away, enter a rehabilitation program and go from there.
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