S. Ct. Civ. No. 2015-0059

Considering a father's appeal from a Superior Court order denying enforcement of a child custody and visitation agreement due to his failure to submit himself to an alcohol and drug dependency assessment, as required by the terms of a prior order, because father never challenged the court's imposition of the drug assessment requirement, and only alleges that he complied with it, it is only determined on this appeal whether the Superior Court abused its discretion in finding that it was not in the best interest of the children to accept the father's doctor's report as sufficient to satisfy the drug and alcohol assessment requirement. Here, the doctor's medical examination and assessment concluded that father was physically healthy and ready to work, and a negative drug test result was attached to the doctor's report. Certainly, the father's submitting himself to only one drug test, and no assessment for alcohol at all, does not qualify as alcohol and drug assessment for dependency or use that evidences sustained sobriety. Accordingly, the Superior Court did not abuse its discretion in rejecting the doctor's report as proof of compliance with the its prior order dated December 17, 2014, and because father has failed to undergo an alcohol and drug assessment in accordance with that order, the decision of the Superior Court embodied in the June 5, 2015 order denying enforcement of the child custody and visitation agreement is affirmed.