Procedure before first hearing

After filing your C100 application the Court will issue your application and send a copy to CAFCASS.

CAFCASS will contact you and your ex-partner to discuss the application and any concerns.

If your ex-partner alleges drug/alcohol abuse, CAFCASS will summarise your ex-partners concerns within the safeguarding letter they will send to the Court.

It is very likely that if such allegations have been made, CAFCASS will recommend for drug/alcohol testing to be carried out.

At the first hearing (FHDRA), the Court are likely to Order a drug/alcohol test. This is usually done by taking samples of your head hear, other hair, nails and blood.

You will be asked to NOT use any hair products which may interfere with testing. You will be asked to confirm if you have used any products when samples have been taken.

Interim contact

You may be wondering if the Court will allow you to see your child/ren whilst evidence is awaited.

The short answer is that it will often depend on the views of CAFCASS and what they have recommended within their safeguarding letter.

Ultimately, it is up to the Court as to whether they believe it is safe for contact to take place having regarding the risks posed. The Court will consider the welfare of the child when deciding what is best.

It might be that you have to wait until the drug/alcohol results are in before contact can progress. Sometimes, you or your legal team maybe able to convince the Court that it is in the best interests of the child for supervised contact to take place in a contact centre or for there to be videocalls / letters / cards etc. It is all about ensuring associated risks can be managed and reduced to a manageable level.

If allegations of domestic abuse have also been made, you may find it more difficult to persuade a Court to make an interim child arrangements orders. How the Court deal with domestic abuse allegations is beyond the scope of this article.

Procedure after the first hearing

Now, you may find that you have to provide samples for a drug/alcohol test.

Your solicitor or your ex-partner’s solicitor will organise this with a relevant laboratory.

You should expect to provide a sample of your head hair or nail clippings. The sample collector will collect this so ensure you do not cut your hair or nails in advance of your appointment.

You are also likely to have to provide a sample of your blood. This is just like having blood taken for a routine blood test.

As soon as results are available, they will be sent to you and sent to the Court. It is important to review them carefully and raise any questions with the expert if there are any issues with the results/test.

If CAFCASS have been ordered to file a s7 report, they will comment upon the results and make recommendations regarding contact.

If the results are positive, you may find that your contact will need to be supervised until the drug/alcohol issues are brought under control. This will be explored at the second hearing (DRA).

If the results are negative, contact is likely to progress. This might be supervised at first and build up to unsupervised etc.

Procedure after the second to the final hearing

You may need to do further testing before the Court makes a final order. This is likely to delay the proceedings slightly.

If no further testing is required, but contact is disputed, you will need to attend a final hearing where the Court will impose an Order.

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Summary

Contact with your child/ren is likely to be limited if there are allegations of drug/alcohol misuse.

You will need to undergo testing before your contact can progress in any meaningful way.

Tips

Speak with a family law specialist before making your application. You can usually anticipate what allegations will be raise against you. Your family solicitor can then help plan the best way forward.

If you are struggling with dealing with your drug/alcohol issues please seek help.

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Useful contacts and support

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We Are With You

• Offers free, confidential support for issues related to drugs, alcohol, and mental health.
• Contact:     Visit wearewithyou.org.uk

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‍FRANK

• Provides confidential advice and information about drugs, their effects,     and the law.
• Contact:     Call 0300 123 6600 or visit talktofrank.com

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Narcotics Anonymous (NA)

• Description:     A fellowship of individuals supporting each other in overcoming drug     addiction.
• Contact:     Call 0300 999 1212 or visit ukna.org

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Alcoholics Anonymous (AA)

• Description:     A fellowship offering support to individuals seeking to overcome alcohol     addiction.
• Contact:     Visit alcoholics-anonymous.org.uk

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Release

• Description:     Provides free and confidential advice about drugs and the law.
• Contact:     Call 020 7324 2989 or email ask@release.org.uk; visit release.org.uk

Turning Point

• Description:     Offers health and social care services, including support for drug and     alcohol misuse.
• Contact:     Visit turning-point.co.uk

Mind

• Description:     Provides information and support for various mental health issues,     including those related to drug and alcohol use.
• Contact:     Visit mind.org.uk

Adfam

• Description:     Offers support to families affected by drug and alcohol use.
• Contact:     Visit adfam.org.uk

National Association for Children of Alcoholics (Nacoa)

• Description:     Provides information, advice, and support for everyone affected by a     parent's drinking.
• Contact:     Call 0800 358 3456 or email helpline@nacoa.org.uk; visit nacoa.org.uk

Drinkline

• Description:     The national alcohol helpline offering confidential advice.
• Contact:     Call 0300 123 1110 (weekdays 9am to 8pm, weekends 11am to 4pm)

Change Grow Live (CGL)

• Description:     Offers support for challenges related to drugs, alcohol, housing, and     justice.
• Contact:     Visit changegrowlive.org
      Use the Service Finder to locate local services.

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