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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33323
Experience:  25 years experience of all aspects of family law
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I am recently divorced - my 3 children are under a CP Order

Customer Question

I am recently divorced - my 3 children are under a CP Order - mothers emotional abuse. A Child Arrangement Order is in progress, brought by me. There is a LA sponsored GP assessment of mother - the report alludes to anxiety & prescribes therapy/medication
Can I order an independent assessment by a Psychiatrist & by what mechanism? Can I order a test for alcohol addiction [e.g. hair test] & by what mechanism?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Samuel-II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regardYes, I suggest that you file a Motion for an Independent Assessment. You will be responsible for the cost of the assessment. Based on the results of that evaluation, you can then consider filing a Motion for Random Testing - I suggest if you have a Legal Form book you can find the proper way to draft the motions. Or you can ask the clerk of the court for a copy of one from another file so that you have a guide.I suggest you can refer to the California Code 3041.5aIn any custody or visitation proceeding brought under this part, as described in Section 3021, or any guardianship proceeding brought under the Probate Code, the court may order any person who is seeking custody of, or visitation with, a child who is the subject of the proceeding to undergo testing for the illegal use of controlled substances and the use of alcohol if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol by the parent, legal custodian, person seeking guardianship, or person seeking visitation in a guardianship.... A positive test result, even if challenged and upheld, shall not, by itself, constitute grounds for an adverse custody or guardianship decision. Determining the best interests of the child requires weighing all relevant factors
Customer: replied 1 year ago.
I am in the UK - is there still validity in your suggestion?
Expert:  Samuel-II replied 1 year ago.
My apologies. I did not see your location when I answered.
My answer only pertains to the US. I have sent you to the proper category.
There is no need to rate my answer. Your deposit will remain in tact.
Thanks for your patience.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but need some further information firstWhat has happened to the Care proceedings?Clare

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