Drug and Alcohol Testing in Children Court Cases

It is not uncommon for one parent to allege that the other parent has a drug or alcohol issue when a couple split up. Why? There can be a whole variety of reasons and in this blog we look at allegations of drug or alcohol abuse and testing for substance abuse in children court proceedings.

We are Cheshire Children Solicitors

If you need help with sorting out child custody and contact or are concerned about substance abuse allegations in children court proceedings and need advice on a child arrangements order then contact Holmes Chapel based Evolve Family Law, contact us online.

Substance abuse allegations in children proceedings

There are many reasons why substance abuse allegations can be made after a separation or divorce. Sometimes the drug or alcohol consumption is mentioned in passing as ‘no big deal’ with an acknowledgement that the parent is great with the kids. In other families there is a genuine concern for the children as the alcohol or drug consumption has gone beyond recreational use and was the reason behind the relationship breakdown. Worryingly, sometimes allegations are made that are untrue as a means to stop contact or the alcohol or drug use is blown out of all proportion to the reality as a justification to stop the children seeing the other parent.

If you are worried about your children because of a parent’s substance abuse or if you are facing accusations of drug or alcohol abuse it is vital that you get early legal advice from children law solicitors so that you know what your best options are.

What is parental substance misuse?

Parental substance misuse is, for clear reasons, taken very seriously and if you are unsure what the court considers as substance misuse, read one of our recent blogs what is parental substance misuse.

The issue of drug and alcohol testing in divorce and children cases has hit the headlines with reports in the Daily Mail that James Stunt allegedly provided false samples for drug testing during his divorce from Petra Ecclestone. 

If one parent uses drugs or alcohol it can have an impact on their ability to look after their children or impact on how much time they should spend with the children. Many parents, despite the trauma of a split, are able to sort out child care and contact arrangements with the help of a Cheshire children law solicitor, mediator or therapist, working around the alcohol or drug issues.

If a mum of teenage boys knows her boys want to see their dad she can minimise the risks posed by her ex and his alcohol issues by insisting that the children aren’t driven in a car by their father and that a relative stays in dad’s house when the boys stay over. In a different scenario, with a toddler, the risks and issues associated with substance misuse may be very different.

Where drug or alcohol abuse is denied or parents can’t reach agreement on the impact, if any, the drug / alcohol use should have on the child care arrangements the parents may have to ask the court to decide how much time the children should spend with each parent and under what conditions.

Children court applications and alcohol and drug testing

A parent can ask the court to order that drug or alcohol testing is undertaken by the other parent before contact with a child takes place.  The parent who is alleged to have a drug or alcohol issue can refuse to be tested and the court can’t force him or her to undergo a test. Obviously questions may be asked about the reason for the refusal and sometimes inferences can be drawn.

The court is normally robust in looking behind the reasons why testing is being sought. Background information is needed, for example if a parent alleges that the alcohol misuse by the other parent is longstanding but before the split up both parents shared the care of the children. The question could be raised about why the alcohol or drug use is now a welfare concern for the children. If only occasional drug use is alleged a court may want to question if the usage impacts on the children before ordering tests, for example if a parent has always limited recreational drug usage to times that the children aren’t being looked after by them.

Court approach to drug and alcohol testing

The court in children law proceedings is focused on looking at what is in the best interests of a child and therefore the court is only concerned with allegations of drug or alcohol use if they impact on the parent’s ability to look after or spend time with the children.

If there are serious concerns about a child’s welfare, either before or after drug or alcohol testing, the court can ask CAFCASS or Social Services to prepare a report. The court can also order expert reports such as psychological assessments or can make referrals for parents to attend parenting courses. There are lots of reasons why these referrals are made; sometimes to help family dynamics where there is a parent with an alcohol or drug issues or, in other extremes, where false allegations of drug usage have been made and the family need help with parental alienation issues.

How are drug tests undertaken in children court cases?

If a court orders testing and a parent agrees to the testing then it can take a variety of forms: hair, blood, urine. If you read the Daily Mail article you might think it is easy for parents to falsify reports but if a test is arranged privately through Cheshire children law solicitors or the court then samples are obtained in the presence of a medical professional and after formal identification of the person providing the sample.

What to do next?

If any parent finds that they are in a dilemma about whether their children should see their other parent as a result of concerns about drug or alcohol use then the important thing is to speak to a Cheshire children law solicitor to discuss the issues and explore the options for contact to take place in a safe environment.

If you are a parent facing a battle to see your children because of allegations of alcohol or drug use it is equally important to get legal advice from a children law solicitor. That is because the longer you don’t see the children for then the tougher it can become to get to see them again and resolve the family dynamics that led to the substance abuse allegations.

Whether you are a parent worried about your ex’s drug use or a parent desperate to see the children the important thing to remember is that the court and professionals approach is to do what is in the children’s best interests, and that can include contact if it is best for a child to maintain a relationship with both parents in a safe environment.