Drug and alcohol testing in family proceedings

In this latest podcast, Family Law Partner Natasha Slabas discusses drug and alcohol testing in family law with guests James Nutt, Operations Manager for Cansford Laboratories, and Lauren Blythe, Senior Associate in the Family Team.

In family law proceedings, concerns about alcohol misuse by a parent or guardian can significantly impact decisions regarding where a child shall live and the time they spend with each parent. To address these concerns, courts often order alcohol testing to provide objective evidence of consumption patterns.

If a parent’s alcohol use is suspected to compromise their ability to care for a child, or if there are allegations of excessive drinking, testing can help the court assess the level of risk and make informed decisions. It can also be used to:

• Assess chronic and excessive consumption: To determine if someone has been drinking heavily over a sustained period.
• Monitor abstinence or reduced consumption: For parents who are trying to demonstrate sobriety or a commitment to changing their drinking habits.
• Verify changed patterns of alcohol use: To track progress and ensure compliance with court orders.
• Rebuild trust: Consistent testing can help rebuild trust between parents, authorities, and child welfare professionals.

James details the various tests available in the UK and explains what they each offer. He sets out that these tests offer different detection windows and type of information. Examples of the types of tests are: Hair Strand Testing, Blood Alcohol Testing, Nail Testing, Breath Alcohol Testing and SCRAM Continuous Alcohol Monitoring by way of an Ankle Bracelet

Natasha and Lauren go on to provide some insight regarding the impact of drug and alcohol testing in Court proceedings. Including:

• Court Orders: Alcohol testing is typically ordered by the court, especially when concerns about substance abuse are raised.
• Consent and Refusal: While a parent cannot be physically forced to provide a sample, refusing to comply with a court-ordered test can lead to the judge drawing negative inferences, effectively assuming the allegations of alcohol abuse are true. Similarly, attempting to interfere with test results (e.g., by cutting hair very short) can also lead to negative inferences.
• Interpretation of Results: Test results are analysed by experts and presented in a report. These reports consider various factors, including declared medications or external influences on hair, to provide a comprehensive interpretation. It’s important to note that a positive test result doesn’t automatically mean a parent loses custody; the results are part of a broader assessment alongside all other evidence in the case.
• Costs: The cost of testing can be borne by the tested party or shared between parties, with courts often ordering shared costs due to the impact on the child’s contact arrangements. Legal aid may be available in some local authority cases.

Alcohol testing serves as a crucial tool in family law, providing objective evidence to help courts make decisions that prioritise the best interests and safety of children. Understanding the different types of tests, their capabilities, and the legal implications is vital for anyone involved in such proceedings.

For more information about drug and alcohol testing in family proceedings, or if you need further advice, please get in touch with one of our family law solicitors today.