LEGAL EAGLE: Agreeing to a drug test when seeking access to your children is the right thing to do

I have applied to court to have contact with my children and have been told I may have to undergo Hair Strand Testing to see if I use drugs. I am concerned as I used to take some recreational drugs but have stopped now. Do I have to agree to the tests and what will happen if I test positive? Will I still be able to see my children?

If there are any concerns around substance misuse, which the court feels could affect the well-being of a child, the court may order testing.

If you are asked to undertake drug testing, our advice is to agree to do so; the court may order the tests anyway and it may reflect badly on you if you have not agreed to co-operate.

We always advise that you are honest and open about any drug use as this proves to the court that you have insight into your behaviour and the impact that this could have on your children.

Failure to comply with a court’s directions for testing may result in the court “drawing inferences against you” i.e. you have refused to comply as you have something to hide.

If you do test positive, the court will consider the extent of your drug use and how it may affect your ability to care for the children and to keep them safe.

How that effects your contact will depend on the level of use, history of use and whether, if necessary, you are engaging in any services to help with your drug use.

It does not mean that you will not be allowed any contact with your children.

The court’s starting position is always that it is in the best interests of a child to have a relationship with both of its parents, provided it is safe, therefore it will look at options to facilitate any contact and consider putting measures in place to safeguard the children during contact.

This could be by making an order that contact can only take place if it is supervised (either by a professional or other agreed party), or that it takes place in a controlled environment such as a contact centre. In some circumstances if it is regarded as a safeguarding risk to the child, contact can be directed to take place on an indirect basis – i.e. via video / cards / letters.

If you would like further advice please do not hesitate to contact Ben Hoare Bell LLP solicitors on 0191 565 3112 or email [email protected]. Visit www.benhoarebell.co.uk for further information.