Putting children first: substance abuse in Family Court proceedings

If there are allegations of substance abuse, does this automatically result in a parent not being able to spend time with their child?

No – there is no automatic suspension of the relationship between parent and child when allegations of substance abuse are made. The Court’s paramount consideration in Children Act 1989 proceedings is the child’s welfare and, as such, decisions will be made on a case-by-case basis, with the Court considering whether the parent’s substance use puts the child at a risk of harm.

How does the Court approach cases where allegations of substance abuse have been made by one/both parties?

If the Court considers it necessary and proportionate, they will order some form of testing once allegations of substance abuse have been made. This can take the form of:

• Hair strand testing: which measures use over a period of months;
• Blood testing: which tests more recent use
• Urine testing: which tests use for up to a period of days;
• Saliva testing: which tests use for up to a period of hours;
• SCRAM testing: which is ongoing 24/7 monitoring of alcohol consumption.

Do you have to submit to testing if an allegation of substance abuse has been made?

If an allegation has been made but the Court has not made an order that requires a parent to undergo some form of testing, there is no obligation to do so. Often, parents will voluntarily agree to undergo testing in order to address and dismiss the allegation (if they consider it to be unfounded).

If a parent refuses to undergo Court ordered testing, then the Court may draw adverse inferences as to the reasons why there is a refusal to undergo testing.

If substance abuse is an issue, how does this impact care arrangements?

As set out above there is no automatic suspension of the relationship between parent and child where there are issues with substance use. In the event that the Court considers the substance use to be a risk, they will often order:

Contact to be:
i) in a contact centre, supervised by an independent third party;
ii) supervised by an agreed third party (for example an independent social worker;
iii) supported by an agreed third party (for example a friend, nanny or family member).

• Conditions to be attached to the arrangements, for example testing before and after and/or providing an undertaking (a promise to the Court) that there will be abstinence during the arrangements.

• A stepped progression in the arrangements: so the arrangements can progress once there is evidence that the risk to the child is reduced, for example, with the relevant parent providing evidence that there is no longer any substance misuse.

How do you address matters when there are allegations of substance abuse?

A. It is always best to be honest and transparent when these issues arise. If there is no weight to the allegations, then engaging with voluntarily testing will help to address the issue at an early stage and allow the case to progress more smoothly.

Where there are legitimate issues relating to substance use, engagement with support and treatment is key. Compliance with orders relating to testing will also help the Court to assess whether the substance abuse is being addressed and what the level of risk to the child is. Being able to focus on how the substance use may impact the child will also be important in demonstrating to the Court that the child’s welfare is being properly considered and prioritised by all parties.

Substance misuse can affect people from every walk of life and the Court’s focus is on the welfare of the child and ensuring that their relationship with their parents is safe.
How Wedlake Bell can help.

We understand that issues relating to your child(ren) can be incredibly difficult. If you need advice, the Wedlake Bell Family team can assist. Contact Jen Ball on jball@wedlakebell.com or 0207 400 7773 for a no-obligation chat about your circumstances and how Wedlake Bell can help position you for success. Our children’s law practice specialises in child arrangement order applications, applications relating to schooling and prohibited steps orders, abduction cases and internal and international relocation cases.