Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is*****'m a barrister and will do my best to assist you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
Can you clarify who supervises her contact in the US and how this is managed?
Do you trust the judgement of the grandmother and sister, and feel that if the mother was under the influence then they would act protectively?
To clarify - your order is a UK court order?
A missed drug test and refusal to comply with the terms of the order is enough to postpone/ withhold contact.
You would have what is described as a "reasonable excuse" to breach the order.
Longer term, penalties for non-compliance are possible and these can be written into the order. In fact they usually are, in UK court orders for contact.
Also I agree that the application for supervision to be removed is completely undermined by the refusal to comply with the court ordered drug testing.
Can I clarify anything for you?
If you have proceedings that are running currently, you would complete a C2 application to suspend contact on the basis of a missed drugs test and a wilful assertion that the mother will not comply. If drugs have been a live issue the court should be sympathetic to safeguarding against the obvious risks. The obvious mitigating factor which may not lead to suspension is the supervision element, as discussed previously.
You may not get a hearing and a decision, even on an urgent basis, as the timescales are tight.
But as far as the UK courts are concerned, you would have a reasonable excuse to breach the order so you should be fine.
As to the US side of things, I cannot comment.
The supervisor point works if they are being vigilant - if not it undermines your judgment to an extent.
I hope that has assisted?
If you have further questions, you can always come back to me.
In the meantime, if you could take a second to provide a 5 star rating I'll be credited for my time spent responding to your question.