Family law question

[smiler01]

I know that the answer will vary depending how busy and areas etc but am just looking for general answers pls :-)

If one party has legal aid and they make an allegation and the judge orders hair strand tests to be done on the persons legal aid certificate, how long roughly would you expect it to take to have the test kit ready to take the sample?

does the funding need to be requested again explaining the reason for the tests or does the person with legal aid have an amount already set aside if you like within their certificate and so testing kits can be ordered quite quickly....sorry if that's a really silly question I have no idea how legal aid works.

The reason I ask is my partners ex has the funding made allegations of drug use at first hearing and judge said to have hair strand tests arranged using her legal aid certificate. so far 7 weeks on my partner has heard nothing about the tests (they also haven't completed other things directed to do so by the court) he has chased them up but they do not return his calls and we have written to the judge to make him fully aware of the delays, in fact it was ordered the results be filed next monday the 9th ready for court on 17th.

Just wondered if this is a realistic time to be waiting or if it's possibly delaying tactics...his ex knows he doesn't touch drugs and contact will start so thought probably trying to delay things.

Any idea on time frames would be great

Thanks

7 weeks is too long. Her solicitors should have gone and sorted out the testing arrangements long before now. There is no need for them to seek prior authority from the LSC.

Agree with Collaborate. The last one I did in these circs was a lot quicker; my client gave his sample within 3 weeks of the directions hearing.

Thank you both for replying really appreciate it, when u feel something is taking to long but unsure of how it all works it's great to be able to come on places like this for some advice!!

Would you mind if I asked something else please?

At the hearing they were also ordered to Start an application to the local supported contact centre which they haven't as yet done, my partner has been calling the centre weekly to keep an eye on it. Via solicitors last year contact centre was agreed mutually and it took 10 weeks from completing the referral form to getting a date, however his ex pulled out 2 days before due to start.

When he gets back to court in 2 weeks he will still be in the same situation but 9 weeks on, no contact till tests done and contact to start at centre which could potentially be 10 weeks away basing on the length of time it took last time before contact can start.

Drugs have never been an issue previously (he doesn't take drugs) his ex has always let him see the children on and off depending what mood she was in prior to us being together and in the last 2 years including overnight contact a few times although since we've been together she has stopped him more.

At court could my partner ask the judge to consider an interim contact order supervised by his mum at her home if he signed an undertaking to the court etc
There are no police or medical reports to show drug taking
his ex would reject the request because of the tests but if drugs were a real issue then why has she continued to let her children have unsupervised contact Inc occasional overnight contact if he was a big drug user. The contact she allowed was usually at his mothers house as that was where he lived at the time so his oldest would been familiar with the house and although his ex will reject the request also claiming that his mum is a stranger to the children starting at the contact centre would mean handing the children to a complete stranger at least supervised by his mum the children benefit with getting to know their nanny.

is requesting something like this feasible? we have already written to the judge with concerns that they are not following the directions as they haven't filed a witness statement yet which was due on 11th June and the judge wrote to her solicitor but so far have received no response so he is aware that they aren't doing as they should.

I appreciate that when someone mentions drugs and kiddies are involved it has to be checked out which is why he was happy to be tested but would the judge allow for this to continue another 10 weeks with no contact just on the say so of his ex who has previously allowed contact??

Any advice would be great as he is representing himself.

Thanks again :-)

No harm in asking. Doesn't sound unreasonable.

Thank you again :-)