QLD Family Law, Hair Follicle Drug test

[bowiemily]

Hi,

I was hoping someone could help me with a question.

I have an on going family law matter, next directions hearing in May.

Myself and my ex partner were ordered to do hair follicle drug testing by the Judge who also ordered an ICL.

The hair follicle tests were due back in early March, I submitted mine which were clean as expected however I have no heard no word from my ex partner about his test or have I been notified by my ex's solicitor of the results... It was ordered that you submit results to the other party within 3 days of receipt.

What does this mean? And does this mean he will get away with this if he has avoided it?

 

[Rod]

It likely means he has breached a court order. He should not get away with it but you should bring it to the court's attention to be sure. If you have made claims of drug abuse in your application and it is affecting the children, then it lessens his chances of seeing the kids unsupervised, and may restrict his supervised time.

If you have a lawyer they should be explaining this to you. It is generally not a good idea to flout court orders. The other side may request a delay, or if your position is enhanced by a delay, you can request a delay in the parenting side. Either way you would make an application for costs.

 

[AllForHer]

If your ex has short hair, he needs to wait for it to grow to at least 6cm in length before an accurate hair follicle test can be attained.

My suggestion would be to have your lawyer write to your ex or his lawyer and request disclosure about whether this test has taken place and whether the results are yet available. You’ll need to CC the ICL as well.

 

[bowiemily]

It likely means he has breached a court order. He should not get away with it but you should bring it to the court's attention to be sure. If you have made claims of drug abuse in your application and it is affecting the children, then it lessens his chances of seeing the kids unsupervised, and may restrict his supervised time.

If you have a lawyer they should be explaining this to you. It is generally not a good idea to flout court orders. The other side may request a delay, or if your position is enhanced by a delay, you can request a delay in the parenting side. Either way you would make an application for costs.[/QUOTE

Thanks for this Rod. I’m just really worried about the contact he has with his dad

If your ex has short hair, he needs to wait for it to grow to at least 6cm in length before an accurate hair follicle test can be attained.

My suggestion would be to have your lawyer write to your ex or his lawyer and request disclosure about whether this test has taken place and whether the results are yet available. You’ll need to CC the ICL as well.

They can take public hair or body hair as well though. That’s what the hair testing people told me so he’s really got no excuse.

We have done that, so fingers crossed I get an answer before the directions hearing otherwise I am going in blind

Thank you for your comment

 

[AllForHer]

They can, but even though there's a Court order for him to take a hair follicle test, which sample they take still requires his consent. If he wants the sample to come from his head, that is his right.