Any family law solicitors around. Help!?

[JoJo2106]

I do have a solicitor but he is away on leave and I need advice ASAP.

I posted a thread yesterday but no replies. I will copy and paste it into this thread. But on top of that I now basically want to know if I can withdraw from paying half of these drug an alcohol tests due to the severe delay caused by my ex not taking the tests when ordered to do so. It is costing me £450 for him to do these tests and I am a single stay at home mother and my ex earns over £500 per week. 1) I can't afford it on top of all my legal costs aswell and 2) the delays are inexcusable and i am not prepared to pay it. The court had said to split the costs but I want to know if I have the right to now say no for the reasons I said.

I think he should pay, they are his habits! I will post yesterday's thread below.

Hi,

Can anyone tell me if they know how long it takes to get results back from drug and alcohol tests. It's for alcohol and 1 drug both are hair and blood samples.

Basically my ex was ordered by the family court back in August to do these tests and they still aren't done and we are back in court in 2 weeks. The court said at our last hearing just a few weeks ago they are to be done ASAP and they still aren't. He has delayed it for months. His solicitor has got a quote from a testing firm a few weeks ago but still no test even though spaces were available for samples to be taken.

I am so pissed off cos I have to stump up for half the costs and it's gonna be a total farce and will not show his true drinking habits. The court also said the results are to be filed with the court no later than the 16th November which is a few days before our next hearing. Up to now I have been asked for no money so I am assuming these tests are still not done.

Just wondering how long they take to come back and if it's likely the results will be back in time for the 16th.

[GinandGingerBeer]

Sorry, I don't know the answer to your question but if I were you, I'd be looking on any documentation given to you regarding the tests to state what the outcome is in the case of non compliance.
Ie, will none compliance go down as an assumed positive like it does in some cases.
Therefore you wouldn't need to worry and it's his own stupid fault.

[JoJo2106]

Hi, do you mean documentation from the court? There was just the court order stating ex has to undergo testing and the costs to be split equally. I just don't think I should be paying that amount of money out when he has literally had months to cut down now and the results won't be a true reading. It's a farce now I think. They should have ordered them to be done immediately not give him months to be able to cut down.

How will I find out about non compliance of testing?

[Collaborate]

Revert to the order. Does the order state that the testing should be done by a certain time? If so, and he has not complied with that, you may have a get-out that you were only ordered to pay half of a compliant test. You have a solicitor so really should be directing this question towards them.

You should be aware though that often the testing companies want paying before they release the results.

I think he should pay, they are his habits! That's not going to get you anywhere. It's your allegation, not his.

[JoJo2106]

Unfortunately not the order just states he has to do the tests. I wish it did because they should have been done months ago.

Yes my solicitor is away at the moment and I have been worried about it all as the results need to be filed with the court no later than the 16th. Do you know roughly how long the results take to come back? It's for hair and blood.

Ah so they take the samples and then you pay before you get the results?

[crabbyoldbat]

The 16th sounds like it might be a deadline, then. And if you (or your solicitor) haven't been sent an invoice, it doesn't sound like he's even started the process. If he hasn't done it in time for the next court date, I doubt the court would look on him favourably, particularly if he was told to do it ASAP, and I guess your solicitor might be able to propose a change in payment (I am not a lawyer).

[JoJo2106]

@crabbyoldbat his solicitor had got a quote from a testing firm, that's how I know how much it's costing me but nothing been done since by the sound of it. Well he has until next Friday for the results to be filed with the court. I am.just wondering how long the results usually take cos if he is waiting until the very last minute to be tested it's cutting it fine for getting results back.

It's the most frustrating thing ever the fact the court ordered it in August & was given the heads up in June. They may aswell have just said to him get yourself home an cut down for a few months then do the test. Infuriating

[RedHelenB]

Butilities if he's used the time to cut down that's surely a good thing?

[JoJo2106]

@RedHelenB it would be good if it was real. He will have cut down for the simple fact the court are testing him and has delayed it this long because if he'd been tested when they originally ordered the tests it would show how much he does drink. The court had said no contact at the last 3 hearings so he will cut down temporarily to show a better reading to get contact. He was sent for a liver function test a couple of years ago when I was still with him. He went for test then when straight to the pub. I know him and I know everyone he associates with, they all drink and smoke weed. Believe me if won't last he's trying to make himself look good on this farce of a test. They should have been done months ago. If there was no testing he'd be drinking the same as he's always done. He's also lied to the court an said ges a social drinker. He isn't!

[JoJo2106]

Just a quick update. Back at court on Thursday and have had no word about these alcohol tests, in fact the results were supposed to be filed with the court by last Friday the 16th. Can I get out of paying for this complete farce now do you think? Have i grounds to refuse to pay it?

[MissMalice]

I think Collaborate’s answer still stands here.

Is it possible he has done the tests and filed them and you will receive a bill from his solicitor at a later date?

[JoJo2106]

I am unsure of this really. I was under the impression that before the test results were released you had to pay for them first?

[MissMalice]

Yes so I’m wondering whether your ex has paid the whole lot upfront and will later bill you for half.

Either way, you’ll find out on Thursday. If the tests haven’t been done you can always propose he covers the full cost. Is your solicitor not back from leave yet?

[JoJo2106]

@MissMalice I'm not sure he would be able to afford to do that as it was almost £1000. Plus i am assuming we should get a copy of the results and that his solicitor should email the results over to mine?

Yes my solicitor is back but if am.completely honest I find him a bit useless. I have thought about changing but because he knows all the background and everything that has gone on and we are in and out of court a bit I found it better just to stick with him. I am under massive stress with it all and don't think I have the mental or physical every to explain everything from scratch with a brand new solicitor.

My ex has delayed these tests for absolutely months. I would have thought I'd the results were back we'd have heard.

[Racmactac]

If you attend at court and he hasn't had the tests then I would be asking the court to
A. Adjourn the hearing to give him further time to get them sorted but ask him to pay your costs of the wasted hearing.
B. Tell the court that his application for contact should now be dismissed. He was ordered to do them but hasn't and the emphasis is on him to sort. If he wants to make a further application then he will still have to do the tests.

Starting position is B but fall back on to A if need be.

[JoJo2106]

@Racmactac would the court do that dismiss his application? To be honest I don't know what the he'll is going on. The company his solicitor got a quote from and this is the firm they planned on using it says online that tests are back within 4 working days so really they should be done and dusted and ive heard nothing. These tests were ordered in August it's ridiculous and am actually frustrated with the court aswell for just being so laid back about it and just basically allowing him to delay testing for months on end. Test results were supposed to be filed with court by last Friday and I assumed i would hear something today but still nothing. I am so mad.

[MissMalice]

When was the last hearing?

[JoJo2106]

October and they told him then to do the tests asap as they were ordered in August

[Racmactac]

Yes of course they can.
There's no point being frustrated with the court - they won't know he hasn't done it unless your solicitor tells them.

I've known a case to be thrown out when he didn't do the tests and had no real reason other than he was a waster.

The courts don't take kindly to their time being wasted. It's a court order not a piece of paper to be ignored.

Tell your solicitor that's the stance you want him to take

[JoJo2106]

I will ask him to do that thank you. I suppose there is still 2 more days for us to hear something before we are at court but what will the court say about it been late and delayed for all this time? And do i have any grounds to not pay for them because of this and the fact they are filed late?

I will definitely be asking my solicitor to bring up about the serious delays with the testing. Not sure what the court will do about this but it needs said. The tests were first mentioned at our June hearing & it is now almost the end of November. It's ridiculous how long it has gone on.

[Queenofthedrivensnow]

Is it 3 or 6 months? Is it segmented? I'm guessing it's a 3 month sample from the price. Hst did ant take long from sample collection. Couple of weeks in my experience.

Alcohol shoes much much more clearly on hair than drugs do.

[JoJo2106]

It's a 6 month test for alcohol and cannabis. Hair and blood tests for both. Not sure if segmented. It says on the companies website results back in 4 working days. So it can take a couple of weeks then?

[Queenofthedrivensnow]

It's 4 days from sample collection - depending where iou are in the uk that's what takes longer.

Segmented means you get a month by month reading so you can see increase or decline in use.

Oh ok cannabinoids Ethyl something I forget what they call alcohol. You can't hide alcohol use on hst but the weed has to be quite high and regular. A joint now and then in small amounts won't show.

Is it cansford?

[Queenofthedrivensnow]

I would have though a 6 month sample would be segmented - bit pointless otherwise.

[Queenofthedrivensnow]

However for a 6 month sample that's quite a long piece of hair - 6cm iirc. If they can't get suitable head hair they take body hair and that can't be segmented.

[ToEarlyForDecorations]

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