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SASH_Law, Family Lawyer
Category: Family Law
Satisfied Customers: 6175
Experience:  LLB (Hons)
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In a child custody case, and the court hearing was just

Customer Question

In a child custody case , and the court hearing was just starting and the court hearings could go on for maybe 3 month after more investigations if no agreement was made. And the other partner accused the other partner of doing drugs , then would the judge decide to take a drug test with hair and if so then at what stage would the judge decide the other partner to take a drug test, at the beginning or at the end or in the middle of the court hearings.
JA: Who currently has legal custody?
Customer: The mother has custody but both parents have parental responsibility
JA: Are there allegations of physical or emotional danger to the?
Customer: to who
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 19 days ago.
Category: Family Law
Expert:  SASH_Law replied 19 days ago.

Hello, how are you today? 

My name is ***** ***** I am going to see if I can assist with your query. Let me just read your first post. I may need to ask you additional questions after I have read it, and if I do, they will appear below. It is important you answer all the questions I ask, so that I have the information I need to give you an accurate response. JA is a Q&A website, and this ‘chat’ is email based, which means responses may not be immediate. Do rest assured however, that I will be providing you with an answer to your query today.

The site will offer a phone call, this is automated and it is important for you to know that I do not make calls. I will answer your query online.

Please confirm that you have read and understood this message and then we can begin.

Customer: replied 19 days ago.
Expert:  SASH_Law replied 19 days ago.

If drugs are alleged to be an issue, the judge is likely to order drug testing, unless  there are compelling reasons why the judge does not think it relevant.

One would expect this to be right at the beginning of proceedings if drugs are a real concern. Someone raising them halfway through proceedings or at the end would probably be thought to be raising them to be malicious rather than out of actual concern.  The test would take place as soon after the judge ordered it as it could be arranged.

Expert:  SASH_Law replied 19 days ago.

Can I clarify anything for you?

Customer: replied 19 days ago.
Would the judge order drug testing in this case if only it was an allegation of the other partner without any evidence or witnesses
Expert:  SASH_Law replied 19 days ago.

Would the person being accused deny using drugs or object to testing?

Customer: replied 19 days ago.
Expert:  SASH_Law replied 19 days ago.

Why would they object?

Customer: replied 19 days ago.
My question is does the judge need evidence to perform a drug test on a person only if the allegation is from the the other partner, or is the allegation from the other partner sufficient?. I read on google the judge requires firm proof to perform a drug test like history and witnesses and not just allegations from a partner. That’s why I am asking
Expert:  SASH_Law replied 19 days ago.

My question is 'why would they object to doing testing?'

Customer: replied 19 days ago.
I thought I was asking the questions
Expert:  SASH_Law replied 19 days ago.

The point here is that if they are not a drug user, taking a test is a simple way of proving that. Refusing to take a test will simply mean the judge can infer from that refusal (i.e. believe the person is using drugs) and therefore make an order for drug testing.

Kindly note that for me to give accurate answers, I need answers to the questions I ask.

Customer: replied 19 days ago.
My question is why would a judge make a person do it. He must need proof or evidence or previous activity. He would not do it because a malicious person thought it of the other person?
Expert:  SASH_Law replied 19 days ago.

The allegation, plus a refusal to undergo testing, can be enough.

Expert:  SASH_Law replied 19 days ago.

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