In theory, Sasha, you're right. Smoking drugs around children and driving while under the influence are both dangerous. However, having said that, in reality you need proof. A law professor once told me, "it's not what you know that matters in court. It's what you can prove." This is the approach a Judge will take. Judges in Family Court, unfortunately, hear allegations, real or not, thrown back and forth in court every day of the week. If Dave wants to avoid being the subject of a contempt order he has to PROVE that this is what's going on in front of his son when he's with his mother. This is where assessors come in. An assessor, usually a social worker, makes an evaluation and presents his/her report and findings to the Judge who then makes his decision on a variance of the original Order. These reports hold a lot of weight with Judges.
The whole goal here is to lessen the boy's exposure to this negative environment. The problem is, if Dave violates the order he may very well be giving the mother more access rather than less if Dave is then found in contempt. He has to plot his strategy carefully so that the goal he wants to achieve (less dangerous contact) with her is accomplished.
You have to be careful not to react emotionally in issues involved in the Family Court. It is harder to wait, plot and execute plans but in the long run his son will be far better off if he is careful now rather than sorry later.
