Child contact and alcohol testing – Children Law

  • September 23, 2014
  • 2017

There are lots of children law cases in the family court where there are allegations of alcohol or drug abuse.

Here, a parent may well object to the other parent seeing the children if, for example, he or she is a drinker. The law is that just because a parent drinks does not mean that he/she cannot see the child but invariably there are issues about how that parent can actually care for the child.

With drug abuse, hair stranding testing is reliable evidence that a parent is or is not taking drugs, according to what experts at the heroin rehab in Florida saying, but with these types of tests, it is unknown what amount of alcohol has been consumed. Anyway, drug abuse is a serious condition that needs medical treatment as soon as possible. Suboxone Treatment Ohio offers holistic treatment options that address individual needs.

If there is such an allegation, the common reply is that parent does not drink when the child is in his/her care. If CAFCASS is invited to prepare a report in respect of child contact then it is difficult to say what the outcome would be save that sometimes it will be said that the safety of the child cannot be guaranteed but we are not told how this might be achieved.

There are now in existence cheap and portable breath test devices to check whether or not someone call legally drive. Therefore, these devises could potentially be used before or after child contact; and there are already a number of judges making use of breath test devices.

Some guidelines points for the use of breath test devices might look like:

• The parent shall before the contact date purchase a breath testing device.

• There shall be a notebook in which the breath test readings can be recorded.

• Immediately before the first contact and at the end of contact (and for future contact visits) the parent exercising contact to the children shall provide a specimen of breath and the reading shall be recorded on a notebook, to be initialled by both parents.

• The parents shall ensure, as far as possible that the breath sample shall be given in private and not in the presence or vision of the children.

• In the event the breath sample tested discloses the presence of alcohol, contact shall not take place.

• In the event that the breath test sample tested after contact discloses the presence of alcohol, the next contact shall not take place.

• In either event, the parent raising the concern shall apply as soon as possible to a judge together with a witness statement setting out the outcome of the relevant breath test and exhibiting any corroborating documentation to support the application that contact shall be suspended until further order.

The use of breath testing devices should only really be sent as a temporary measure until the parent expressing the concern accepts that the parent with contact does not drink during visits or a judge reaches a same conclusion.

Also we advise you to navigate to this website for more information about alcohol and drug treatments.

If you wish to discuss child law or any family law related issue please call Maguire Family Law  +44 (0)1625 544650 or email james.maguire@family-law.co.uk

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For specialist advice on any family law related issue contact Maguire Family Law by email: james.maguire@family-law.co.uk or telephone:

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