Legal Question in Family Law in California

Family law judge ordered a random hair follicle drug test for my husband's ex wife, which she agreed to, but said the testing center needed to be within 5 miles of her. We found a center that was 6 miles from her work and 8 miles from her home. Needless to say, she of course didn't do her drug test (she would fail anyway)But can she go to our next hearing and claim that she didn't go because it was outside the 5 miles and get away with that?


Asked on 10/17/13, 9:52 am

1 Answer from Attorneys
B. Stuart Walker Law Office of B. Stuart Walker

She can make the claim - but it won't look good to the judge. Missing a chance to prove to the court and everyone else that she is clean and sober is suspicious. This is especially the case if it was not in the judges order that the testing facility be within 5 miles and was only her comment to the court at the time. Even if it was in the order, your husband can ask the judge to expand the area to 6 or, preferably, more miles and keep the other orders the same pending the outcome of the testing.

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Answered on 10/19/13, 10:23 pm


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