Hey everyone,
We have been given orders to do hair follicle drug testing. I requested this drug test for both parties as I will have no trouble passing and the other party will fail. The test should give results dating back a minimum of 3 months but could go back to 9 months.
In my initiating application, I had everything worded how it needed to be, however, the registrar made orders using their standard template. The problem orders are as follows:
That the Father and the Mother shall:
(a) Attend upon a QML Pathology Centre that is authorised to collect hair samples for such testing;
(d) Ensure that the testing is performed in one-centimetre segments so that a time frame for any drug use can be ascertained;
(e) Ensure that the testing is performed by Forensic Science South Australia at 21 Divett Place, Adelaide South, South Australia 5000.
The problem is QML have their standard procedure to do the test. Operating outside of QML standard procedure is not allowed obviously. This is scientific testing after all.
QML standard test procedure is to take one cut of hair at a length of 3cm. That is to say, they do not take three cuts of 1cm as per order (d)
QML do all testing in Queensland. By definition QML, Queensland Medical Pathology does not exist in South Australia. QML does not send samples to South Australia for testing as per order (e)
The ICL for our matter has made it quite clear that the test I have done which has come back negative for all forms of drugs does not satisfy the Orders made as the test was carried out as per QML standard practice and not specifically as per the orders.
(I gave QML a copy of the orders they have acknowledged the test was carried out in accordance with QML standard procedure and not the courts)
QML refuse to do the test as per the orders as it's not how they do things. ICL refuses to say anything of the nature sounding like "don't worry about it the standard test is fine"
If anyone has any suggestions about how I ensure that I don't get in any trouble with the courts for not complying entirely with their orders despite every effort to comply.
Do I email the court / write another short affidavit explaining it / wait until our next directions hearing and seek directions then (this might annoy the court and delay the process. Don't want this.)
In recent time I have submitted 3 clean random urine samples within 24 hours of the request by the ICL as ordered. The other party has not submitted for any testing at all despite being ordered to.
We have been given orders to do hair follicle drug testing. I requested this drug test for both parties as I will have no trouble passing and the other party will fail. The test should give results dating back a minimum of 3 months but could go back to 9 months.
In my initiating application, I had everything worded how it needed to be, however, the registrar made orders using their standard template. The problem orders are as follows:
That the Father and the Mother shall:
(a) Attend upon a QML Pathology Centre that is authorised to collect hair samples for such testing;
(d) Ensure that the testing is performed in one-centimetre segments so that a time frame for any drug use can be ascertained;
(e) Ensure that the testing is performed by Forensic Science South Australia at 21 Divett Place, Adelaide South, South Australia 5000.
The problem is QML have their standard procedure to do the test. Operating outside of QML standard procedure is not allowed obviously. This is scientific testing after all.
QML standard test procedure is to take one cut of hair at a length of 3cm. That is to say, they do not take three cuts of 1cm as per order (d)
QML do all testing in Queensland. By definition QML, Queensland Medical Pathology does not exist in South Australia. QML does not send samples to South Australia for testing as per order (e)
The ICL for our matter has made it quite clear that the test I have done which has come back negative for all forms of drugs does not satisfy the Orders made as the test was carried out as per QML standard practice and not specifically as per the orders.
(I gave QML a copy of the orders they have acknowledged the test was carried out in accordance with QML standard procedure and not the courts)
QML refuse to do the test as per the orders as it's not how they do things. ICL refuses to say anything of the nature sounding like "don't worry about it the standard test is fine"
If anyone has any suggestions about how I ensure that I don't get in any trouble with the courts for not complying entirely with their orders despite every effort to comply.
Do I email the court / write another short affidavit explaining it / wait until our next directions hearing and seek directions then (this might annoy the court and delay the process. Don't want this.)
In recent time I have submitted 3 clean random urine samples within 24 hours of the request by the ICL as ordered. The other party has not submitted for any testing at all despite being ordered to.
