The impact of drug abuse in child arrangement matters
Negotiating child arrangements following a separation can often be difficult for parents, especially in circumstances where there are concerns that one parent might be using drugs. Clients might ask us ‘can a mother or father lose custody for drug use’? This blog post will look at the courtâs approach to drug use in private family law matters.
There is always a need for a parent to feel that their child will be safe when they are spending time with the other parent. In circumstances where you think your childâs parent might be being dishonest about their drug use, it might be appropriate to ask them to voluntarily engage in a drugs test.
You can also ask the court to make an order that the parent undergoes drug testing within children proceedings. The other parent may be asking themselves ‘will I lose custody if I fail a drug test’? If the parent refuses to be tested and there is substantive evidence that they have been taking illegal drugs, it might be appropriate to draw negative assumptions from their refusal, which would impact the overall likely child arrangements ordered.
It is true that a positive drugs test will be a key factor that the court will want to consider as part of their overall evaluation as to what arrangement will be in the childâs best interests.
If one party receives a positive drugs test, it does not automatically mean that the court will order to stop direct contact between that parent and the child. However, there is no denying that illegal drug use is a matter that will be taken very seriously by the court as this is a real welfare concern.
As with any child arrangement matter, the court will consider the following factors listed as section 1(3) of the Children Act 989 to determine the appropriate outcome. These factors are known as the welfare checklist.
(a) the ascertainable wishes and feelings of the child concerned (considered in the light of his age and understanding);
(b) his physical, emotional and educational needs;
(c) the likely effect on him of any change in his circumstances;
(d) his age, sex, background and any characteristics of his which the court considers relevant;
(e) any harm which he has suffered or is at risk of suffering;
(f) how capable each of his parents, and any other person in relation to whom the court considers the question to be relevant, is of meeting his needs;
(g) the range of powers available to the court under this Act in the proceedings in question
Looking more closely at this checklist, if there is evidence that one party has been using drugs regularly, then the court is going to be extremely concerned that the parent is unable to provide a suitable and safe environment for that child. More specifically, drug use /abuse could foreseeably prevent the parent from meeting the childâs basic needs (b) and calls into question the capabilities of each parent in terms of keeping the child safe (f). If one parent is a drug user, the parent could foreseeably put that child at direct risk of harm (e), especially if that parent is taking drugs in front of the children. The court might therefore want to restrict direct and unsupervised contact on that basis â the court would want to consider how the risk of drug use can be managed in respect of any contact ordered.
Yes â the court will want to ensure that they fully understand the context of a parentâs drug use, as this will be key in understanding the extent to which the children are at risk. They will also want to see that the parent is taking responsibility for themselves and are seeking professional medical support if appropriate.
The court will also want to understand the type of drugs that one parent is using and the extent to which that parent uses drugs. These factors can usually be identified by way of a drugs test.
The court might be interested in the following questions:
In order to ensure that contact is safe, the following steps might be appropriate to consider:
We recognise that substance abuse by one party can sometimes have a significant impact on the wider family. Therapeutic or emotional support can often be invaluable in these circumstances. Below our Director of Client Wellbeing, Kim Crewe shares her insight into the support that is available in these circumstances.
If you do have concerns that your childâs other parent is using drugs inappropriately, the first step, if you are on speaking terms is to talk to them and explain your concerns. If you explain your concerns in an open and enquiring way and focus on the impact on the children, you are more likely to get a more comprehensive response. Â If you are not reassured and are still worried that your child is at risk of harm you should contact Childrenâs Services.
Children can often struggle when they are not seeing a parent or having restrictions on the time they spend with mum or dad or other significant adults. However, living with substance abuse can impact their emotional and physical development. It can also impact their ability to concentrate on school work. Â Children can find it difficult to understand what is happening particularly if their usual contact with the other parent becomes supervised by another adult. Parents need to protect their children and give them age-appropriate information so they can make sense of the changes.
A family consultant or family therapist can help parents find the language to talk with their children or will meet with the family as a whole so everybody gets an opportunity to talk. It is important that these issues are not swept under the carpet and children feel that their worries can be spoken about.
If children are struggling, the NSPCC offer advice on how to support your child, they can be reached at https://www.nspcc.org.uk/keeping-children-safe/support-for-parents/alcohol-drugs-parenting/.
If you have concerns that your childâs father is using drugs and is putting your children at risk, then it is important that you seek specialist legal advice as to the child arrangements.
Likewise, if you are subject to allegations of drug abuse which have had an impact on your child arrangements then we also recommend that you seek specialist advice.
Please do not hesitate to contact one of our specialist family lawyers on who are entirely committed to resolving children disputes in a constructive manner.
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The mother of my 2 kids has a drug use problem and has for many years now, we separated in September 2023 and she moved out lea I g me to look after the kids, we made contact arrangements so she could see them but my eldest daughter who is 11 years old and has autism came back home with a huge bruise to her left arm..long story short, social services was called and there is now an ongoing police investigation and her contact is supervision only..the social services have recently stepped away and said that when this investigation has ended she will be allowed to have the kids over because she has parental rights.. this would not be a healthy or safe environment for my kids as there will be drugs around, cannabis, oramorph, and her partner injects steroids which my 4 year old son has found first time I went to collect then .
Is there any advice you can give me to keep my kids safe as I feel like I have no choice to let my kids go with their mother because of parental rights
Andrew, we are very sorry to hear that you find yourself in such difficult circumstances.
The family court presumes that it is a child’s best interests to have a relationship with both of their parents and that each parent should be involved in their childâs life but only if that involvement would not put the child at risk of suffering harm. What that involvement looks like will be different for every family and will be determined by what is in the best interests of the child. If may, for example be supervised contact in a contact centre, contact in the community supported by a professional or family member, or unsupervised contact.
Specific advice is beyond the scope of a blog post comment, but you might want to consider discussing your concerns with Children’s Services in the first instance as they are already involved with your family. We also suggest you contact our specialist child arrangements team on 01273 646900 to arrange a consultation as your circumstances are complex and we will then be able to discuss them in detail with you.
My children’s father has a cocaine addiction. He has been a user for around 11 years although most of it hidden and concealed. He has come to my house to look after the children whilst I work and on my return I found an empty bag of cocaine which he then tried to blame my eldest daughter from another relationship. Turns out my toddler had picked it up. I had regular drugs tests in place but I was informed he had somehow provided a fake drug test and was telling people about it as if it were comical. Since then I turned up at his house one evening after work to find a random guy in his house he had met that day and he was sniffing the drugs with them in his care. I have spoken to social services before who just gave the advice I can safeguard them from him but that was the end result. Im working most of my evenings and weekends, still on a low income with top up as well as doing school runs to multiple schools, shopping, dinners etc. He pays no child support and when he does make contact its to blame me that he isn’t seeing the children because im not allowing contact. I have sent him a link to mediation which I received after enquiring with the CAB because im feeling so overwhelmed and stressed. What else can I do?
Hi Debbie. I am really sorry to read about your situation and the difficulties you are having. Your circumstances sound very complex, and providing specific advice is beyond the scope of a blog post. My understanding is that the children are not currently spending time with their father, and if you continue to have concerns around his drug use and his ability to care for the children, then you need to keep putting the children’s best interests first and safeguard them. You may want to consider trying to have a further discussion with children’s services or Front Door for Families (if you are based in Brighton and Hove – other Local Authorities will provide similar services) for guidance. If you would like to discuss matters in more detail, you can book an appointment with one of our specialist team by calling 01273 646900.
My children dad is addicted to cociane I don’t want to call police on him but I’ve have even far to many chances
Hi Jacqueline, I am really sorry to hear about the difficult circumstances you are in. I can only comment on issues related to family law and cannot advise you about whether you should call the police about your ex-partner’s drug use or not. From a family law perspective, if the children are at risk of harm when spending time with their dad due to his addiction, then you should consider whether it might be safer for the children’s time with their dad to be supervised until you have further advice about your circumstances. As your situation is complex and specific advice is beyond the scope of a blog post, I suggest you contact our specialist child arrangements team on 01273 646900 to arrange a consultation.
My son’s father has had an addiction tk heroin for over 20 years. Be has been clean and relapsed many of times. He is currently 7 months cleans. He see’s our 3 year old son supervised and he is asking for unsupervised contact and over night stays. He is taking me to court for this. What should be suggested around contact?
I am really sorry to hear about your circumstances. I can imagine things have very difficult for you and your son due to his father’s addiction. If your ex can show a real commitment to being clean and sober, then it might be possible for contact to progress outside of a contact centre, but any progression would normally be gradually stepped up to ensure that your son was not put at any risk of harm. No two situations are the same, and providing specific advice is beyond the scope of a blog comment, so you might find it useful to book a meeting with one of our specialists to discuss what spending time arrangements might be best for your son in your specific circumstances.
Thanks
My child is 4, my child’s other parent refuses contact and visits between me and my child with no communication.
I was accused of drug and alchol misuse 2 years ago by the other parent which wasn’t true although I did drink it was an exaggeration.
A year and a half after we split up and no meeting my child I stated used drugs over a course of 6 months I used class a drugs and attempted suicide 3 times.
I am now sober I can prove with daily drug tests do I have any chance of seeing my child.
Dear Adam. I am really sorry to hear about the difficulties you have faced over the past few years. When a court determines any question about the upbringing of a child, including whether they should spend time with a parent, the childâs welfare will always be the courtâs paramount consideration and it will have regard to the circumstances set out in section 1 of the Children Act known as the âwelfare checklistâ (there is more information available on this here).
If you are now clean and sober, then it might be possible for your child to start spending time with you again, although as it has been such a long time since your child saw you, any reintroduction would need to be managed very carefully and gradually, and there would likely need to be safeguards in place particularly while you are in the early stages of your recovery. As your situation is complex and specific advice is beyond the scope of a blog post, I suggest you contact our specialist child arrangements team on 01273 646900 to arrange a consultation.