This is a tough question to answer because there is no bright-line rule on the issue. Each case, with each separate set of facts, will have to be decided by the Judge or Commissioner who hears the case. Now, with that being said, in this situation, I would say that you really don't have much of a choice but to go into court on an emergency, ex parte basis to, at the very least, request that her custody and visitation privileges be put on hold until the matter is investigated and resolved. Yes, your testimony, and that of any other witnesses, could certainly be enough for the Court to modify the orders again. Certainly the more evidence you have to present, the better your chances in obtaining the orders you seek, including police intervention. This is OBVIOUSLY a very serious issue for you, and if you believe she is using alcohol while in the presence of the children, you have to request these orders.. However, remember, she certainly has the right to present her side of the story, as your making some very serious allegations.
I believe you may want to check into some sort of alcohol testing products. If you "Google" the issue, you will see there are several products on the market (many even sold through Walmart!) that can instantly test for alcohol use. It may be beneficial to request that you ex be tested anytime there is a concern that she may be using alcohol while with the children. Your ex may even agree to the testing in order to maintain her visitation rights.
This response does NOT create an attorney-client relationship. This response is for educational purposes only. This response is not intended to be legal advice to the reader.
It would come down to how creditable you are as a witness and the history of the case. If there are documented alcohol issues with your ex and/or she has admitted to alcohol issues, then the judge is more likely to believe you based upon your own testimony by itself. It is always better to get as much evidence as possible, but I still think you have enough to at least demonstrate there is an emergency to go ex parte. Do what you need to protect your kids.
The above response is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes and is not a legal consultation. You must talk with an attorney of your choice before making any decision about your actual legal rights.
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