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My ex and I are in the midst of a custody battle for my young son.
I a filing for residency due to her neglect of him which has involved social services.
She has always been his primary carer and is living with her now.
During the first hearing the court ordered a drug test to go back 3 months. We then filed for it to go back 6 months. She is attempting to refuse and stalling by changing solicitors as she knows the clock is ticking.
She is accused of smoking crack cocaine and smoking marijuana.
What will happen if she continues to stall or point blank refuses? Can she cheat it?
Thanks in advance.
Have the court given a date for the test to be completed by?
The test is done by taking a length of hair and testing it for various substances, it's extremely hard to cheat I would imagine because the traces of drug are inside the actual hair follicle. Hair dye could effect the result I think, but you would definitely draw the courts attention to that fact, as would the hair testing company.
You could contact the judge that made the order to tell them that the test is being stalled and ask for advice about it. However as the test is going back 6 months, there should still be a good timeframe.
They take the hair from close to the scalp and they work on the hair growing 1cm a month, so they would test a 6 cm length of hair. It also takes two weeks for the hair follicle to break the surface of the scalp.
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