Wainwright

In this writ of mandate proceeding, we must determine whether Family Code section 3011, subdivision (d) authorizes a family law court to compel a parent to submit to drug testing in a child custody proceeding. We conclude that the Family Code provision, devoid of any substantive or procedural safeguards, does not authorize court-ordered drug testing.

Facts

Peter Wainwright (Father) and Nancy Sinkler (Mother) have a son, Jacob, bom in March 1994. Father and Mother were never married. According to Mother, the parties’ relationship ended in December 1994. The original state of child custody and visitation is unclear from the record. In February 1999, Father filed a complaint to establish a parental relationship and requested joint legal and physical custody. Mother acknowledged Father’s right to visitation but requested sole legal and physical custody. Mother made various allegations that Father was an unfit parent, including claims that Father had grown marijuana in early 1995 and had been convicted of possessing a large quantity of marijuana sometime before 1995. Mother also asserted that Jacob had returned from visits with Father in 1997 smelling of marijuana and…