It has emerged that Trimega, a company that specialised in hair, blood and urine tests for drug and alcohol use, may have manipulated test results between 2010 and 2014. The consequent impact could be wide-reaching as many family law practitioners relied upon the forensic services of Trimega in children cases.
Indeed, the Court often relies on such results when determining whether children should stay in the care of their parents or to help decide disputes between parents about how much time they should spend with one another. It is, therefore, difficult to overstate the significance of the manipulation of test results as a positive test result can be the end of any chance of a parent keeping their child or getting them back.
In light of the discovery that Trimega and other laboratories have manipulated tests, the Government has now issued guidance which confirms that some family test results have in fact been compromised as a result of the alleged manipulation. The Government has advised that the cases that may be affected were carried out between 2010 and 2014. Not only does this cast doubt over hundreds of care proceedings but it also casts doubt over numerous private family law cases.
If you are concerned that your case may have be affected, the Government has prepared application Form C650 which invites the Family Court to consider changing or setting aside a final order. You are also able to apply to vary an order as a result of the issues. As legal experts in Family Law, we have considerable experience in the use of forensic test results in family law proceedings and would be pleased to offer guidance on any issues arising.
If you wish to discuss matters raised in this article, or any other issues relating to family law, please contact a member of the Family and Divorce team.