Legal Question in Family Law in California
Court mandated drug testing
Recently I found out that my ex did not take a court mandated Drug test at my request. It was a court stipulation that I was to pre-pay for this test. I went to the family law facillitators office to file papers to serve him for our next hearing. However, I recently found out he went and paid the money for his own drug test instead of taking it at the facillity of my choice and as a result causing me to loose 75.00 in the process. How do I present this to the court. Will the court accept his test instead of mine? I do not know the vallidity of the facillity he chose! Can I request to be reimburst by him for this non refundable fee? Do I still file the papers with the court and serve him anyways?
A quick responce would be much appreciated
2 Answers from Attorneys
Re: Court mandated drug testing
You can bring an Order to Show Cause In Re Contempt. He disobeyed a court order. The court could also order him to pay your costs in bringing the OSC.
Re: Court mandated drug testing
If he has failed to take the drug test that was stipulated then his test is not valid, but the court may accept the test if he used a reputable facility. About the only test that the San Diego Courts will accept as valid and worthwhile is hair folicle test. Urine test are too easy to fool unless they have been done random and immediate. You should be able to get your money back from the test, but that seems like the least of your worries. I assume that the test was ordered to protect a child or children. You may wish to ask for more supervised visitation until he completes a valid test. Yes, file your motion, but think hard about asking an attorney who is familiar with these issues because it sounds as if your child's safety is at stake. Good Luck, Pat McCrary
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