How are drug and alcohol testing used in children law proceedings?
In family court proceedings involving children, concerns about a parent’s drug or alcohol use can have a significant impact on decisions about where a child lives or who they spend time with. In such cases, the court may order drug or alcohol testing to help establish the facts and ensure the safety and wellbeing of the children involved.
Drug testing in the context of children law is not about punishing parents, it’s about safeguarding children and ensuring their best interests are promoted throughout. This blog explains how drug testing is used in children law proceedings in England and Wales, what types of tests are commonly used, and how the results may impact parenting arrangements.
Why the family court uses drug testing
In any dispute concerning children, the primary concern is the welfare of the child. If there are concerns that a parent may be using drugs or alcohol in a way that could put a child at risk, the court may order testing to determine whether those concerns are valid before being able to make decisions about where children live or how they spend their time.
Drug or alcohol testing may be considered in both public law (involving the local authority) and private law (between separated parents) proceedings. Requests for testing are often made by:
- Another parent raising safeguarding concerns about excessive alcohol consumption or drug use;
- Cafcass officers (Children and Family Court Advisory and Support Service), who assist the court with safeguarding checks and recommendations;
- Local authorities (if involved); or
- The court itself, if it deems the issue relevant and necessary to help them determine safeguarding issues.
The purpose of testing is to assist the court in making an informed decision on what is in the best interest of the child in question, not to pass judgment or criminalise a parent.
Types of drug and alcohol tests ordered by the court
There are several forms of drug and alcohol testing commonly used in children law proceedings. Each has different levels of sensitivity and detection windows.
Hair strand testing
- Detects patterns of drug or alcohol use over time (up to 3 or 6 months). Whole strand testing will look at the overall drug or alcohol use, but segmented testing is more precise and can evidence the use of drugs or alcohol over a period of time.
- Often the most commonly used and court-preferred method and can be ordered to happen multiple times over the duration of court proceedings to information the court about whether there is a pattern of usage
- Requires a small hair sample, usually from the scalp therefore it is not invasive. Usually, a parent is asked to provide an undertaking, which is a promise to the court, that they will not cut their hair as there can be limitations to the testing if the hair is too short, including alternative style testing being required.
Urine Testing
- Detects recent drug use (usually within 3–7 days)
- Can be useful for confirming or disproving short-term usage
- More suitable for ongoing monitoring and be ordered to be repeated regularly
Blood tests
- Carbohydrate-Deficient Transferrin (CDT) and Liver Function Tests (LFTs) for alcohol misuse
- Indicates longer-term or chronic alcohol consumption, which shows if there is a significant issue with drug or alcohol usage but will not be as accurate for detecting short term usage,
Nail or saliva testing
- Occasionally used where hair testing is not feasible due to either hair length or occasionally if certain products have been applied which may impact testing
- Nails can show drug use over a longer period
- Saliva reflects recent use (typically up to 48 hours)
Each method has advantages depending on the context and what the court needs to establish but the most common method of testing is hair strand testing.
The legal process for ordering a test
Drug or alcohol testing can be ordered at any point in children law proceedings, and will be considered as soon as there is an indication that safeguarding concerns due to alcohol or drug use are raised. The court will first assess whether testing is necessary and proportionate to the issues raised. Courts do not take a “routine testing” approach, instead, there must be clear justification and it must be relevant to the welfare of the children.
Key points:
- Consent is usually required, though the court can draw adverse inferences if a parent refuses without good reason, which means a court is likely to consider there is a reason why someone is refusing to partake in testing.
- The court order will specify the type of test, the provider, and the timeframe for results.
The court may also direct who bears the cost of testing meaning it may be shared or covered by the party seeking the test.
What happens after the test?
Once the test is completed, the results are usually sent directly to the court and any legal representatives. The report will include:
- The substances tested for
- The detection levels (if any)
- Interpretation of what the results mean in context
There is the possibility to ask questions of the laboratory if there are any issues or queries following the report.
If a parent tests positive for drug use or excessive consumption of alcohol, the court will consider this in the context of the welfare of the children and they may:
- Request an expert’s opinion (especially in complex or borderline cases) about how the usage may impact the ability of the parent to care for the children
- Order follow-up testing
- Consider temporary changes to child arrangements (e.g., supervised contact) if they consider the result of the testing means there are safeguarding concerns for the children
- Ask that parent to give an undertaking not to consume alcohol within certain periods prior to caring for a child or during the child being in their care.
- Ask that parent to give an undertaking to abstain from drugs and/or alcohol completely.
A positive result does not automatically mean a loss of contact or parental responsibility, but it may influence how the court balances the child’s welfare against the risks involved.
How test results impact parenting arrangements
The outcome of a drug or alcohol test can significantly influence the court’s decisions on who a child lives with and how they spend their time.
Potential consequences include:
- Supervised contact until concerns are resolved if there are significant safeguarding concerns as a result of the testing outcome
- Temporary suspension of contact where risk is high
- Encouragement or requirement to engage in treatment or rehabilitation
- Ongoing testing to monitor abstinence
The court will be solely focussed on the welfare of the children, and their decisions on where a child is to live and how they are to spend their time, will be the driving force behind any decision made.
Support for parents undergoing testing
Parents involved in proceedings where substance misuse is an issue are strongly encouraged to seek legal advice early on. The court process can feel daunting, but there are also support services available, such as:
- Substance misuse treatment providers
- Parenting courses or family intervention programmes
- Cafcass, who may recommend steps to improve the parent-child relationship
Taking proactive steps, such as voluntary testing or engaging with support, can positively influence how the court views your commitment to your child’s wellbeing.
How Moore Barlow can help
If you are facing drug or alcohol testing as part of children law proceedings, or are concerned about the safety of a child in the care of someone with substance misuse issues, our experienced family law team is here to help.
At Moore Barlow, we provide clear, compassionate, and strategic advice tailored to your situation. Whether you’re a parent being tested or seeking to protect your child, we’ll guide you every step of the way. Contact our Family Law team today to discuss your case in confidence.
