Hair follicle test QLD

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

LittleFox

Member
20 September 2019
3
0
1
My partner's ex-wife is requesting I go for drug testing. Is she able to do this? I am not a drug user, so not scared to do the tests, but I'm really offended.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
By requesting do you mean:

(A) In general outside of court
or
(B) In her requested Orders from the court in the hope you would be ordered to do a test?

If (A)
She is able to request anything she likes.
You are able to refuse.

If (B)
Not a lawyer. But in my experience the Court wont make Orders on people that are not parties to the case. I would expect your partner is and you are not.

She can request he do a drug test and he might be ordered to do one. They wont Order you to do one also. Hair tests cost from $300-$1000 (i've done one $750) the court is hesitant to Order anyone to do them due to the high cost.
 

LittleFox

Member
20 September 2019
3
0
1
By requesting do you mean:

(A) In general outside of court
or
(B) In her requested Orders from the court in the hope you would be ordered to do a test?

If (A)
She is able to request anything she likes.
You are able to refuse.

If (B)
Not a lawyer. But in my experience the Court wont make Orders on people that are not parties to the case. I would expect your partner is and you are not.

She can request he do a drug test and he might be ordered to do one. They wont Order you to do one also. Hair tests cost from $300-$1000 (i've done one $750) the court is hesitant to Order anyone to do them due to the high cost.

He was ordered through the court yes, her lawyers are requesting I do one as well.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
If you legitimately have nothing to hide from the last 3 to 9 months (Including high strength painkillers without accompanying prescription. Endone, codeine, valium etc.)

Then your responses would be. Again I'm not a lawyer so this is just my opinions based on my own court case.

Do nothing. As I doubt a judge will order you to do it.

Or

Offer to do the test at the Ex's cost. She might withdraw her request if she has to pay for it.

The court is awarding the Child's time with your partner that's why the Orders are on him and not you two as a couple.
Your partner is assumed to be the responsible adult and in charge of keeping the child safe including the people he keeps around him(you).

I would speculate that your partner returning clean test results would be enough to satisfy the court that you are also not on drugs without any other supporting evidence.