hi, seeking advice . Judge ordered a hair follicle drug test even though all urine drug testing have been clear . Judge stating legal aid should fund it as the person is on Centrelink benefits . Legal aid have declined the funding , lawyer is now stating that as it’s a order the client has to pay themselves. Is this correct ??
VIC Court order for legal aid to fund hair follicle drug test
- Thread starter Sal1
- Start date
Until further order, the Mother shall undertake supervised hair follicle testing (“the Testing”) and that:
(a) the Testing do occur at a pathology centre or other appropriate place, as approved by the Independent Children’s Lawyer;
(b) the results of the Testing be forwarded as soon as possible to the lawyers for the other party and Independent Children’s Lawyer;
AND IT IS REQUESTED THAT Victoria Legal Aid fund same.
(a) the Testing do occur at a pathology centre or other appropriate place, as approved by the Independent Children’s Lawyer;
(b) the results of the Testing be forwarded as soon as possible to the lawyers for the other party and Independent Children’s Lawyer;
AND IT IS REQUESTED THAT Victoria Legal Aid fund same.
If your orders state the very last line...then I wouldn't be doing a single thing until I'm called by the ICL to present myself to a pathology clinic. Also I would ask the ICL in writing for a copy of the paperwork showing that it has all been paid for prior to the test being carried out. As far as what the other parties solicitor is saying, just write a polite response and say they are at liberty to contact legal aid to organise the payment for the hair follicle test as per court order clause number...and dated...dont get into a huge essay with them. Cc a copy of that email to the ICL as well. You do not turn upto pathology without proof that it's been paid for.
And it is requested... So it isn't ordered that Vic legal aid fund it...
I'm assuming the test is to determine if you're clean and that is a factor in determining whether or not you see your kid?
That being the case - I'd get the testing done before the next mention even if it means paying it yourself
I'm assuming the test is to determine if you're clean and that is a factor in determining whether or not you see your kid?
That being the case - I'd get the testing done before the next mention even if it means paying it yourself
Whilst Sammy01 has a point, with regards to seeing the kids, I would stand my ground as these tests cost $750 a go. (Admittedly they have come down in price and can now be done for approx $350-$375 if you shop around, but considering it has to be approved by the ICL, I would say its out of your hands).
Thanks for your reply . The lawyers have applied & re applied to legal aid with both replies from legal aid stating that legal aid won’t fund the cost . Now the lawyers are saying that as it’s court ordered she has to pay for the test herself ( the reason the judge requested legal aid funding was because it was stated in court that she couldnt afford this cost . Does she reply to the lawyer restating this ?
Yes, but keep it short and to the point, and just refer back to the court orders, also, add in a point as it is the other party who is seeking the hair follicle test be carried out, and the fact that you have had numerous negative urine samples already, and you are confident that you havent touched any drugs in the past 3 months, (also not that these hair tests even show up the codiene in cold and flu capsules, admittedly you get to sign a declaration about this prior to the test on testing day) I would put it back to the other party, and say, in the interest of moving forward, and so that we can put this bed, I will pay for the hair follicle test only if the result comes back positive for hard drugs, failing that, the other party, and/or legal aid can pay the bill in the interim as per the court orders clause (xxx) dated (xxx). This shows your willingness to facilitate the test being carried out and that you have nothing to hide, and it also lets you see how hell bent they are on getting it carried out.
The way the order is written the ICL approves of one or more testing centres, then the person MUST take the test at one of those centres, and hopefully convince Legal Aid to foot the bill.
Payment by Legal Aid is NOT a mandatory requirement.
Failure to complete the test will likely mean that contact can be re-negotiated by the other party to their own advantage, or the other party can withhold contact. The other orders should state what happens if you fail to perform the follicle test.
Payment by Legal Aid is NOT a mandatory requirement.
Failure to complete the test will likely mean that contact can be re-negotiated by the other party to their own advantage, or the other party can withhold contact. The other orders should state what happens if you fail to perform the follicle test.
