Drug Testing

[Heather_uk]

My husbands ex wife lives in CO, we live in MD. He gave her the 30 days notice of visitation as stated in the court order. When he arrived she turned up with the police and refused to let him see his boys unless he had a blood test to prove he had not taken any drugs. Can she do this? The only mention of this in the court order is that he must not appear to be under the influence. The police said that he seemed fine to them!! Although my husband had no reason to refuse, this took place late Friday  afternoon of the holiday weekend. He went to the hospital and was told he cannot request his own test, it must be ordered through a doctor. Apart from the extra expence of this. He was only in CO for one week and given the timing the results would probably not have been back in time for him to enjoy quality time with his boys.

[Genie]

that he must take a test upon her request?  If so then he has to comply.

If it only states he should appear to be using then the police were correct and she should've given him the kids. He needs to contact his attorney to clarify this and find out what to do in the future if she does this.

[Mediator]

>My husbands ex wife lives in CO, we live in MD. He gave her
>the 30 days notice of visitation as stated in the court order.
>When he arrived she turned up with the police and refused to
>let him see his boys unless he had a blood test to prove he
>had not taken any drugs. Can she do this? The only mention of
>this in the court order is that he must not appear to be under
>the influence. The police said that he seemed fine to them!!
>Although my husband had no reason to refuse, this took place
>late Friday  afternoon of the holiday weekend. He went to the
>hospital and was told he cannot request his own test, it must
>be ordered through a doctor. Apart from the extra expence of
>this. He was only in CO for one week and given the timing the
>results would probably not have been back in time for him to
>enjoy quality time with his boys.

If the court decree ONLY states that the determination of drugs is to be made via general appearance than your husband's visitation appears to have been violated.  He can document the police report and bring that to court with a contempt motion.  

It would seem that an improved strategy needs to be developed between mom and dad.  Certainly if there were a history of drugs then it is reasonable to want to be sure that the father is not on drugs during the visit with the child.  This being said; this must occur in a manner that develops confidence in both parents and is practicle.  If the existing mechanism does not instill confidence with mom then maybe she can offer an alternatice that still provides for access to the child and is practicle to implement.

[Heather_uk]

There is nothing to say she can request a test at any time. While he was still living in Co he took regular urine tests to prove he was no longer using and passed every one. The judge at the last hearing said she was being unreasonable and the testing had to stop, but then he moved to MD and as I mentioned it was a while before he could see them again. I can see that she may be worried he had started using again (he hasnt) but a urine test was not enough for her and she asked for a blood test with no notice given and as I explained this could not be done.

[Genie]

make sure he has a certified copy of the court order stating this. When she asks, he whips it out and there is nothing at all she can do. She can't demand something that is not court ordered and the police can't force him to do it either.