Enforcing a Decree's Drug and Alcohol Testing Clause
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
There is a clause in the parentage decree stating that "Both parties are restrained from exercising parent-time with the Minor Child within twenty-four (24) hours of having consumed or ingested any controlled substance, illicit, or abusing prescription drugs. If any party reasonably believes the other party to be intoxicated or impaired, that party may make a request that the other party submit to a drug test within 24 hours (or an immediate EtG for alcohol) and sall pay the costs thereof. The same shall tender the results of the test to provide assurances. However, if the test is positive, the offending party shall tender all costs for the test to the other party." After being led to reasonably believe the other party was drinking and driving with the child in the car (slurred speech on telephone call), I requested that she submit to an EtG for alcohol. She delayed and refused to get tested. There are also clauses around her only communicating via phone call during emergencies and that text is primary method of communication as well as other standard clauses around how the parties shall communicate respectfully (which she has consistently chosen to ignore and has been increasingly volatile). What can I do?
I do not have the phone call, however I do have text messages after where I raised my concerns.
We have a finalized decree.
Attorney Answer
If the other parent refuses a decree-ordered EtG test, your remedy is to ask the court to hold her in contempt — not to enforce the clause yourself.
A finalized decree is a court order, and every clause in it — including the testing requirement — is enforceable the same way. When one parent refuses to comply with a specific, court-ordered obligation like this one, the standard tool is a contempt action under Utah Code § 78B-6-301, which lists disobedience of a lawful court order as a basis for contempt. To win, you generally need to show she knew about the testing clause, was able to comply, and chose not to.
Right now your strongest evidence is the text messages you sent afterward raising your concerns. That helps show you made the request and that she didn't respond appropriately, even without a recording of the original call. Save everything — screenshots, timestamps, and any other messages from that day or since, including anything touching on the communication-method violations you described.
Because the decree also lays out specific rules for how you two are supposed to communicate, you can raise that pattern in the same filing rather than starting a separate case. Courts look at a parent's overall compliance with a decree, so documenting a pattern of noncompliant communication strengthens a contempt request built around the testing refusal.
What you can do
1. Gather and organize every text, message, or note documenting the incident and her refusal to test, along with examples of the communication violations. 2. File a motion or order to show cause asking the court to find her in contempt for violating the decree's testing clause. 3. Ask the court to order compliance going forward and to address the cost-shifting language already built into the decree. 4. Include the communication-clause violations as supporting context for a pattern of noncompliance. 5. Talk to a Utah family law attorney about drafting the motion — commissioner-level motion practice has specific formatting and evidentiary requirements.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- In re K.M., 2025 UT App 17 — Court of Appeals of Utah 2025
- Duffin v. Duffin, 2025 UT App 136 — Court of Appeals of Utah 2025
- In re L.L.B., 2023 UT App 66 — Court of Appeals of Utah 2023
- Wallace v. Wallace, 2024 UT App 164, 561 P.3d 187 — Court of Appeals of Utah 2024
- Hinds v. Hinds-Holm, 2022 UT App 13, 505 P.3d 1136 — Court of Appeals of Utah 2022
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Frequently Asked Questions
Does a Utah court have to hold a hearing before finding someone in contempt of a divorce or parentage decree?
Generally yes. The accused parent is entitled to notice of the specific violation alleged and a chance to respond before a commissioner or judge, since contempt can carry real consequences.
What kind of penalties can a Utah court impose for violating a decree?
Utah courts have a range of options, from ordering compliance and awarding attorney fees to fines or, in serious or repeated cases, jail time. The specific outcome depends on the facts and how the judge weighs them.
Can refusing a court-ordered drug or alcohol test be used against a parent in a later custody dispute?
A parent's compliance with decree obligations, including testing clauses, is something a Utah court can consider as part of the broader best-interest-of-the-child analysis in custody matters.
