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barry_ayres · Feb 8, 2011, 09:37 AM

My results were 0.72 ng/mg FAEE and 4pg/mg EtG, stating a negative result. However, in a paragraph by the proffessional, she states that I am possibly an excessive drinker. The previous paragraph says that excessive alcohol abuse is not scientificaly proven. I rarely drink alcohol (Christmas, Birthdays etc) and never to excess. Can you explain. Is there some explanation as this appers contradictory

AK lawyer · Feb 8, 2011, 10:01 AM

Originally Posted by barry_ayres

... Is there some explanation as this appers contradictory

"Possibly", although not "scientifically proven" is not contradictory. She is indicating that some of her results could be consistent with alcohol abuse, but that is not the only possible expanation and that she hasn't been able to scientifically rule out that conclusion.

What does this have to do with family law?

barry_ayres · Feb 8, 2011, 11:45 AM

I am applying for a contact order to see my son, who is now 7 months old and I have never seen him. My ex has alleged that I am aggressive, use drugs and alcohol and am incapable due to my epilepsy. I do not use drugs (test was negative), and rarely drink. My epilepsy is fully controlled and I have a driving licence. My ex has post traumatic stress disorder from her previous marriage and I believe this may affect her stress if I am in the child's life. Next hearing is in April and I am desperate to see my son, who I am paying maintenance for. I am afraid this will affect my application. Can I ask for a blood test to prove I do not drink alcohol?

barry_ayres · Feb 8, 2011, 11:47 AM

Also, there has never been any DV. I have a report from my ex's mental health psychologist that states I am a stable influence for her oldest son.

AK lawyer · Feb 8, 2011, 11:59 AM

Originally Posted by barry_ayres

am applying for a contact order to see my son, who is now 7 months old and I have never seen him. My ex has alledged that I am agressive, use drugs and alcohol and am incapable due to my epilepsy. I do not use drugs (test was negative), and rarely drink. My epilepsy is fully controlled and I have a driving licence. my ex has post traumatic stress disorder from her previous marriage and I believe this may affect her stress if I am in the child's life. Next hearing is in April and I am desperate to see my son, who I am paying maintenance for. I am afraid this will affect my application. Can I ask for a blood test to prove I do not drink alcohol?

Please use the "reply" button for a follow-up question.

As to your question: sure, you can ask.

But you say you rarely drink. If you occasionally drink in moderation I don't think that would be viewed as a problem at all. A blood test will only indicate alcohol ingestion within the previous day or so, I believe.

barry_ayres · Feb 8, 2011, 12:38 PM

Thank you for your reply's. I only drink VERY occasionally, I had 2 glasses of wine and 2 JD;s over the Xmas period, nothing before or since. I just don't know how to prove this, or even if I have to following the test result, which I have found confusing. Is it good enough to be negative?

AK lawyer · Feb 8, 2011, 01:30 PM

Originally Posted by barry_ayres

...I only drink VERY occassionally,

... I just don't know how to prove this, or even if I have to following the test result, which I have found confusing. Is it good enough to be negative?

Your testimony, if uncontradicted by the other party's, should be sufficient.

Yes. Negative is good enough. If the other party points to the "possibly excessive drinker" paragraph, just point to the "not scientifically proven" portion of the report. Just about anything is "possible" in a mathematical sense. Proof (in this case that visitation is not an undue risk to the child), in a court of law, is not required to a mathematical certainty. Your ex has the burden of proving that you are an undue risk, and this doesn't even come close to meeting that burden.

cdad · Feb 8, 2011, 08:23 PM

I have to ask. Do you use any hair products or aftershave? Many products contain substances that throw tests off all the time. Even ones you might come in contact with at work. If you were an excessive drinker it catches up to your body pretty quick. Your liver and other organs would show it.

barry_ayres · Feb 9, 2011, 12:01 PM

Thank you for your reply's. Yes, I do use hair gels, aftershave etc. Also been advised that body hir is not reliable in alcohol testing, and that my dramatic wheight loss (due to stress) may contribute to this reading. I would be willing to take aany tests as I just want to see my son