QLD Failure to carry out CDT test

[Migz]

Hi All,

I have a question in relation to Federal Court Orders not being carried out.

On the 1st Jan 2018, I sent this email to the mother of our daughter;
As per clause number (4) of the Federal Circuit Court Orders dated XXXXXX;
(4) That the mother and the father submit to random CDT and hair follicle testing within 48 hours of a request in writing by the other parent with the father to pay for the testing and the CDT and hair follicle tests not be requested more than twice per year from the date of this order.
Take this notification via email, as my request to see that you, XXXX, carry out a CDT test within 48 hours, thankyou.

All fairly straightforward. She copied and pasted it back to me not once but three times as she was probably blind drunk. But in her final email she also added in "get the hair follicle test done as well". The following day I went and got my CDT test done. And found out that the hair follicle test could only be done in the capital city 500km away and/or they can post a kit up in a few days time.

So Ive booked it all in at a cost of $750...not cheap and considering im not the one with the junkie pastlife I was a little ticked off.

So I wait 48 hours then send her this email "Can you please provide me with a photo/screenshot of the receipt/invoice for the CDT test that you were requested to do, so that a money order can be raised and handed over to you at this weekends visitation, thank you."

Only to get this back as her response
"As you did not supply me with the information where to do the test as you were suppose to pay for it, the test was not done.
Once I receive the money order I will be able to do the test, the money order should be made out to who ever will be doing the test, I would assume it will be the same company who did your test.

Please supply receipt showing payment made for the CDT and hair follicle test and proof the test was done for XXXXX requested on 01.01.18."

Please advise me on where I currently stand?

Cheers

 

[sammy01]

Can you buy her test and have it sent to her? Nope - she will claim it got lost in the mail...
The orders don't state the process of the transaction. She is gonna refuse to pay for it.

How to proceed... Get the test kit... Then write to her...
Dear ex,
Please be advised that I will be giving you a drug screen test when I see you at XXX I will provide you with the test when you drop of the child. Can you please complete the test and return it to me when I drop off (CHILD). I will then post the test on your behalf to save you the bother. If this arrangement does not suit can you please advise me how you would like to proceed.

Two things MIGZ -
firstly - I like ya... I really do. I want this to pan out for you .
next - don't play games. Why send it on New Year's day? Apart from it being a holiday.... So if she has 48 hours to do the test, she already loses 24 to the public holiday... And it hints at being a bit smug... It hints along the lines of -you know she likes to party and you think it is the best time to catch her... Would it have killed you to leave it a week?

Help me out here... IF you're getting the thing sent to you (OR HER) how do we know that the person uses their hair and not someone elses?

So back to how to proceed? you have to be smart - not enough to just ask for the test... Especially, if you have to pay for it...You having to pay (arguably) puts the onus on you to make it happen.... I know, I know, I don't agree, but arguably - and lets face it she is gonna argue.... So you need to think through the process, offer her that process and if she isn't happy with it, then invite her to come up with an alternative... That way if she still refuses and you want to raise it in court she is unable to find any wriggle room to (justify) not complying...

So mate - give us an update... Where are you up to in this all encompassing fun family game called Family Law?

 

[Migz]

Morning Sammy, OK a few things,
1. our interim court orders state that neither parent is allowed to drink whilst the child is in their care, at the handover on the 29th I saw a stubby cooler rolling around in the footwell of her vehicle. (She is well known to like a drink which is why the order was put in place). I asked for additional time well in advance for new years eve and new years day, both knocked back.
2. I requested "only" the CDT to be done on the 1st, as our daughter had been in her full care for the past few days, and keeping in mind that the CDT test will only be useful for the past 4-10 days, after that its useless. Also note that she requested me to do it on the 1st, and yet I had no problem in carrying it out on the 2nd.
3. Its not a kit, its an actual blood test carried out by pathology.
4. She also failed to turn upto court ordered swimming with our daughter on the 2nd, yet I had visitation that afternoon and our daughter was perfectly healthy, yet when asked what the reason for not attending swimming was...no response.
5. She knew she was busted with the CDT test, so that was the reason for not carrying it out, but once again, I can just hear this biased Judge going, "oh you poor thing you weren't able to carry it out, thats OK", (this whole thing is complete bullcrap) and yet once again an innocent little girl is in the middle of it all.
6. The hair follicle test that she asked me to carry out in her 3rd attempt at emailing on the morning of the 1st, can't be carried out in my regional town, unless I ask them to get a kit in for me, which is a minimum of 4 days, I have been informed, the hair follicle test is only testing for hard drugs across the last 3 months, and the fact that I have never done any drugs (and she knows this) it will come back clean, why is she asking for it? Because she knows I will be out of pocket $750 with nothing to show for it. (this test is being carried out on me on the 8th, whilst under pathology supervision)

Where am I at with it all, the first set of trial paperwork has to be filed by the 19th, then the next lot during Feb, we are in a Trial standover (whatever its called) for 2018. Yet I have already had this judge say "Going to trial early will only hurt your case".... un-bloody-real, so its already weighted against me.
The ivo goes back to court in Feb for a contested hearing. More fun and games for 2018.

And finally it all just goes to show that these Judges on Half a million bucks a year, continue to write up completely crap "orders" that they have been doing so for years, you would think by now they would have a system inplace with a say an excel spreadsheet of well written "orders" for each and every area of concern....

 

[sammy01]

Pick your battles - a stubby holder rolling around. BAD PARENTING... BUT not evidence she had been drinking recently.... Best you can hope for is she gets pulled over for an RBT..... Here's hoping...
Ok so it is a blood test done at a pathology lab... So you write to her..
Dear ex
as per orders I have requested a drug screening test. Your nearest available location is XXXX. Here is a link to their website to show you the location and their openning hours. I have already paid for the test in advance of you arrival...


Do everything you can to make the test happen and for her to have no excuse to give magistrate.

Take magistrates advice.... The longer you leave this, the older the child the better for you...


So what sort of time are you having with the child?

so my first set of consent orders said something like - due to the age of the children (youngest was 1 yr old) neither party will rely upon Rice and Asplund to meet the threshold of significant chance of circumstance.... Is there any chance from here you could get less time than you'd like by consent BUT have the opportunity to take it back to court when the child is 4 or 5 and you're likely to get a better long term outcome? just a thought?

 

[AllForHer]

Just curious, has the child ever actually been endangered as a result of intoxication? Or is this just a precautionary measure?

 

[Migz]

@sammy01... I know all about choosing my battles, and quite frankly this is one I wish to take to task, the fact that she didn't go and get the CDT test in the required time AND not bothering to communicate with me until I asked for the receipt, just goes to show she has something to hide, which is why it was put into the orders. Current time is 7 hours per week made up over 3 separate visits each week. Child is approaching age of 2 now...

@AllForHer...that depends on how many bumps and bruises and scratches would be acceptable on a 21month old each week, as every visitation there are new marks, just last week, 2 more appeared on her eyelid very close to the eye, both had drawn blood, they looked like puncture wounds from say running into a bush, when I asked the mother, her response was, pause, "oh, she scratched herself overnight in her sleep"...bullcrap

To answer your question the orders were put inplace as a precautionary measure due to her past, but applied to both parents.



Anyways I get the feeling that nothing happens to the mother until the child is either serverly hurt or injured or worse...gotta love the system and the pointless "orders"...

 

[sammy01]

mate it gets worse....
Lets assume she does the test... And it comes back positive for meth, cocaine and pot...Do you reckon they will remove the child and put the child in your care??

 

[AllForHer]

And what kind of orders are you seeking? That the child live with you?

 

[Migz]

@AllForHer...I have 60 odd well written, final orders that I will be seeking, that covers from her age back 1 year ago till age 5. I have have always sought 50/50 care, but via growth in time, the problem is this Judge wouldn't even have a bar of it, and I been left on 7 hours per week coming up on a year now, it put forward a detailed "ladder system" that allowed for growth in time every 3 months, until full 50/50 at age 3... the judge not only didn't consider it, she didn't even increase my time as per the "family report" which even said my hours should increase to be on par with those of daycares (which is 40 hours per week)...

@sammy01... I know she won't be doing any test until she knows she would pass with flying colours, thats the nature of the beast, even an exboyfriend of hers, said be careful as she is good at deception. Looks like he was right. And to answer your question, I know this Judge won't, from what I've heard she doesn't give any Fathers 50/50 no matter what the age is, so with that being said, No, the child would never be put into my fulltime care, she would end up at her Nannies (ex's mother) before being allowed to to come to me, know what this system is like.

 

[sammy01]

see I reckon you're better of seeking consent orders that remove Rice and Asplund.. Clearly you're on a hiding to nothing in court... Do you have a final trial date?