Drug and Alcohol Testing in Family Court: Children Matters

Within private family court children proceedings, there can be questions about a party’s drug or alcohol use. Drug and alcohol testing in family court is often required to address these concerns. What happens when that question arises?

Handling Substance Misuse Allegations

It is possible that a parent or a party to Children proceedings in the Court can raise substance misuse allegations about another person’s use of drugs or alcohol. This is a significant safeguarding concern regarding the welfare of a child.

Such concerns may be raised at the outset of proceedings, perhaps in a C1A form accompanying a parent’s C100 application to the family court. Allegations may also be raised by a party when speaking to the CAFCASS reports officer allocated to the matter.

Family Court Procedures for Substance Misuse Cases

If allegations of drug or alcohol misuse are seen at the outset of a matter, the CAFCASS reports officer appointed to the case can make recommendations to the family court. Such recommendations can include a party to undertake (promise to the Court) not to utilise such substances before and after a child is to be in their care or when contact occurs.

Other recommendations can be made by a CAFCASS reports officer to the Court that drug and alcohol testing in family court is required to assess the extent of the misuse. Should the Court decide it is necessary, an order can then be made for a party to undergo expert testing and analysis for any drug or alcohol misuse. A parental fitness assessment may also be ordered if the welfare of the child is in question due to substance misuse. For further context, see our guide on helpful legal advice for children issues.

Types of Drug and Alcohol Testing

Depending on the types of substances to be tested, different types of testing exist. For example, a laboratory may take a sample of scalp hair, body hair, fingernails, or toenails to test for the existence of certain drugs and their metabolites. Depending on the length of the sample, months of historic usage can be analysed.

If testing for alcohol misuse, samples may be taken of scalp or body hair, blood or urine. Various types of testing can occur, such as PEth testing for blood, or EtG & EtPA testing for scalp hair. There are also specialist tests that constantly monitor alcohol consumption, such as a SCRAM bracelet. More information on related safeguarding concerns can be found in our article What Is Parental Alienation?

Once an analysis has been conducted, a laboratory can provide an expert report to advise the Court of the findings. CAFCASS reports may also be used to inform the Court’s decision, particularly where safeguarding or parental fitness assessment is concerned.

The Effect of a Positive Result for Drug or Alcohol Misuse

If a party is found to excessively or chronically misuse drugs or alcohol, this will be a factor that the family court takes into account when considering how often a child can be in a party’s care and how that contact should take place.

Such results from expert testing can also be a factor for the Court to consider if there needs to be supervised, supported, or unsupervised contact or care of a child. The Court will take into account all evidence put to it, including substance misuse allegations, as well as the welfare of the child, when making an Order.

Frequently Asked Questions

Can the Family Court order a drug or alcohol test?

Yes. If the court believes there are genuine concerns about a parent’s drug or alcohol use and that it may affect a child’s welfare, it can order testing to provide independent evidence.

Who pays for drug and alcohol testing in Family Court proceedings?

The cost of testing is typically shared between the parties, although the court may direct a different arrangement depending on the circumstances of the case.

What types of drug tests are used in Family Court?

The most common tests include hair strand testing, blood testing and urine testing. The type of test ordered will depend on the concerns raised and the evidence required.

How far back can hair strand testing detect drug or alcohol use?

Hair strand testing can often provide evidence of substance use over several months, depending on the length and quality of the hair sample provided.

What is CAFCASS’s role in cases involving substance misuse?

CAFCASS assesses safeguarding concerns and provides recommendations to the court regarding a child’s welfare. This may include recommending drug or alcohol testing where appropriate.

Examples

Example A: Alleged drug use during contact

A mother applies for a Child Arrangements Order and alleges that the father regularly uses recreational drugs while caring for their child. The father denies the allegations. Due to the safeguarding concerns raised, the court orders hair-strand drug testing to establish whether there has been recent drug use before determining future contact arrangements.

Example B: Concerns raised by CAFCASS

During safeguarding checks, a parent discloses concerns that the other parent frequently appears intoxicated when collecting the child from school. CAFCASS recommends alcohol testing and further investigation. The court orders alcohol testing to assess whether there is an ongoing risk to the child.

How can we help?

If you have questions regarding drug and alcohol testing in family court, or questions regarding Children proceedings, please contact our Family Law team to discuss booking an initial consultation on 0800 987 8156.