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Drug test family co...
 
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[Solved] Drug test family court

 
(@JordanJames)
Eminent Member Registered

I am due to undertake a drug test due to false allegations of drug misuse by my ex, she has also falsley alleged that my new partner misuses drugs. Will my current partner be required to take a drug test also?

Quote
Topic starter Posted : 09/10/2015 5:13 am
 Yoda
(@yoda)
Famed Member

A court can't order your new partner to do something unless she is a party to the proceedings.

If you live with your partner and the court are looking at overnight contact, it's possible CAFCASS could as your partner's permission to carry out a basic safeguarding check.

Good luck

ReplyQuote
Posted : 09/10/2015 10:59 am
 Yoji
(@Yoji)
Honorable Member Registered

No they cannot make an order like that. As Yoda says she is not a relevant party in the proceedings.

It's a shame as ideally, you should have insisted that if you can guarantee your test would have come up negative then your ex will be liable for your costs because they are malicious. I have dealt with a couple of these before.

Only agree to a test provided that if it comes back negative then she is liable for costs because the allegation is malicious. It will weed out the hurdles you needlessly have to jump. If she wont agree you can state that they must be malicious and should be omitted as an accusation.

Think smart and good luck.

ReplyQuote
Posted : 09/10/2015 7:27 pm
(@JordanJames)
Eminent Member Registered

Thank you that is very helpful advice.

One more thing, as i live with my partner. They are undertaking a safeguarding check with the npc and children's services. This will come back completely clean as she has no criminal record and no involvement from children's services. could they then go on to order that she takes a drug test?

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Topic starter Posted : 09/10/2015 7:41 pm
 Yoji
(@Yoji)
Honorable Member Registered

No and if they did your partner should refuse and state it as harassment if she keeps trying to push it

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Posted : 09/10/2015 8:38 pm
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