I have been asked by people who follow celebrity news but do not follow family law about the "shocking" revelation that "the Court finds that there is a habitual frequent and continuous use of controlled substances and alcohol by [Spears]."
Not so shocking. In order for a party in Family Court to be ordered to undergo drug and alcohol tests, pursuant to Family Code section 3041.5, such an order can be made "if there is a judicial determination based upon a preponderance of evidence that there is the habitual, frequent, or continual illegal use of controlled substances or the habitual or continual abuse of alcohol . . ."
"Preponderance of the evidence" is the lowest burden of proof, so if the declaration filed by her former bodyguard says she was acting in such a manner - and there is no other evidence to challenge it - then that is enough to get testing ordered. The Court will make such a finding on the record to support its order.
You celebrity hounds, do note - urinalysis only. The code section says that the testing must be in accordance with the same testing standards of the US Department of Health & Human Services, which presently only calls for urinalysis. There will be no hair follicle testing, so if Britney shaves it off again, it is not to avoid drug detection.
Funny enough, this code section is set to be repealed automatically on January 1, 2008 . . .