Why Are Drug or Alcohol Tests Ordered in Child Arrangements Cases?
Updated: Oct 23
Last updated: 21 October 2026 · Written by the family law paralegal team at Court Help Limited
In short: In child arrangements cases in England and Wales, the family court may order a drug or alcohol test when there's a real concern that a parent's use could affect the child's safety or care. Tests are expert evidence, so the court must give permission and must be satisfied the test is necessary (Children and Families Act 2014, s13). A positive result doesn't automatically stop contact.
Drug and alcohol testing comes up a lot in disputes about children. One parent raises a concern, the other denies it, and the court has to decide whether a test will help. This guide explains when the family court orders tests, how hair strand and other tests work, what happens if a result is positive, whether you can refuse, and who pays. We first published it in 2024 and have rewritten it so it reflects the law and procedure in England and Wales.
Key facts about drug and alcohol testing in family cases
Topic | The position in England and Wales |
Who decides | The family court; testing is expert evidence and needs the court's permission (Children and Families Act 2014, s13) |
The test for permission | The test must be necessary to assist the court to resolve the proceedings justly (s13(6)) |
Common tests | Hair strand tests for drugs; hair or blood (PEth) tests for alcohol; sometimes nail, urine or saliva tests |
Is it automatic? | No. An allegation alone doesn't mean a test will be ordered |
Positive result | Doesn't automatically mean losing contact; the court applies the welfare checklist (Children Act 1989, s1(3)) |
Refusing | The court can't force you to take a test, but it can take your refusal into account |
Who pays | Usually the parties, as the court directs; legal aid may cover the cost for a legally aided party |
Challenging the order | Appeal, usually within 21 days (FPR r30.4), or a later application to vary the order if things change |
Why are drug or alcohol tests ordered in child arrangements cases?
The family court's paramount consideration is the child's welfare (Children Act 1989, s1). A drug or alcohol test is ordered to help the court understand whether a parent's use of drugs or alcohol poses a risk to the child, and whether the child would be safe and properly cared for during contact or while living with that parent.
Testing is a tool for finding facts, not a punishment. A clear test can help a parent who has been wrongly accused. A positive test can help the court put the right safeguards in place.
When does the family court order a drug or alcohol test?
Allegations of drug or alcohol misuse are common after a separation, and they are sometimes made in the heat of a dispute. An allegation on its own isn't enough. The family court needs some basis for the concern before it orders testing. That might be police involvement, medical records, previous convictions, messages or photographs, what Cafcass or children's services have found, or the parent's own admissions.
Because a test report is expert evidence, the court must give permission before it is obtained or used, and it can only do so if the evidence is necessary to assist the court to resolve the proceedings justly (Children and Families Act 2014, s13(1), (5) and (6)). When deciding, the court looks at the factors in section 13(7), including:
the likely impact on the child's welfare
the issues the test would help with and the questions the expert would answer
what other evidence is already available
the effect on the timetable of the case
the cost
Our earlier article described this as needing a "preponderance of the evidence". That is a US legal term and isn't the test used here. The family court asks whether the testing is necessary, applying section 13.
What risks does the court look at when a parent misuses drugs or alcohol?
The family court isn't interested in drug or alcohol use for its own sake. It looks at the effect on the child. Cafcass guidance on harmful parenting focuses on alcohol or drug misuse that is harmful to the child, and on how it combines with other risks such as domestic abuse or mental health difficulties.
In practice the court asks questions like: Is the parent under the influence while caring for the child? Are drugs or alcohol kept where the child can reach them? Has the child been neglected, exposed to unsafe people or places, or frightened by a parent's behaviour? Is the parent able to recognise the problem and get help?
To answer them, the court may ask Cafcass (or Cafcass Cymru in Wales) for a section 7 welfare report. Where there are serious concerns, it may ask the local authority to investigate under section 37 of the Children Act 1989. It can also give permission for other expert assessments where they're necessary, or direct a parent to attend a course.
Our previous version said a parent could face jail under "child endangerment laws" and supervision by "state government bodies". Those are terms from the US system. In England and Wales, where a child is suffering or likely to suffer significant harm, the local authority can make enquiries under section 47 of the Children Act 1989 and, if the legal threshold in section 31 is met, apply for a care or supervision order. That is a separate process from a private dispute between parents. Our guide to section 37 reports explains how a private case can lead to the local authority becoming involved.
What types of drug and alcohol tests are used in family cases?
The family court can approve different tests depending on what substance is suspected and what period the court needs to look at. The most common are:
Hair strand tests – a small sample of hair, typically taken from the back of the head, is tested for drugs or for markers of alcohol use. Because hair grows over time, it can show a pattern of use over a period of months rather than a single day. Body hair can sometimes be used if head hair isn't available.
Blood tests (PEth) – a blood test, often taken by finger prick, that measures a marker of alcohol consumption.
Nail clippings – sometimes used where there isn't enough hair.
Urine and saliva tests – these show more recent use, so they're used less often in court cases where the court wants a longer picture.
How far back each test can see depends on the substance, the sample and the laboratory's method. Our previous article gave fixed detection windows for each test. We've taken those out because they vary, and we couldn't confirm them from an official source. The expert's report will say exactly what period the test covers and how confident the laboratory is in its findings.
Where and how are court-ordered drug tests carried out?
Court-ordered tests are carried out by specialist testing companies instructed under the court's order. Typically, the collector checks the identity of the person giving the sample, explains the process, asks about recent drug or alcohol use, and then takes the sample.
The samples are handled under a strict chain of custody. That means a record is kept of everyone who handles the sample, from collection to the laboratory, so the court can be confident it hasn't been swapped or tampered with. If you've been ordered to have a hair test, don't cut, dye or chemically treat your hair before the sample is taken. Doing so can affect the result and may look as though you're trying to hide something.
How do you ask the court to order a drug test?
In England and Wales there are no "motions" filed by "attorneys", as our previous article said. If you're worried about the other parent's drug or alcohol use, you raise it in your application (on the C100 and form C1A), in your position statement or at a hearing. If proceedings are already under way, you can make an application within the proceedings, usually on form C2. The court decides whether testing is necessary under section 13.
Expect the court to ask what the concern is based on. Evidence such as messages, photographs, police records or what you've seen yourself will help. The court can also decide for itself that testing is needed, for example after reading Cafcass's safeguarding letter.
Is a drug test always ordered in a child arrangements case?
No. Drug and alcohol tests are not routine in child arrangements cases. The court only orders them when they're necessary to decide the case fairly. A request from one parent isn't granted automatically.
For example, if both parents shared the care of the child for years, each knew about the other's occasional drinking, and there's no suggestion the child has been harmed, the court may decide testing isn't necessary. It will weigh the child's age, how the parent behaves while caring for the child, and the risks set out in the welfare checklist.
Does a positive drug test mean a parent loses contact?
No. A positive drug or alcohol test doesn't automatically mean a parent loses contact or can't have the child live with them. The court looks at what the result means for the child, alongside any Cafcass report and the rest of the evidence. It applies the welfare checklist in section 1(3) of the Children Act 1989, which includes:
the child's wishes and feelings, in the light of their age and understanding
the child's physical, emotional and educational needs
the likely effect on the child of any change in circumstances
the child's age, sex, background and any relevant characteristics
any harm the child has suffered or is at risk of suffering
how capable each parent is of meeting the child's needs
the range of powers available to the court
Depending on the risk, the court might order supervised contact at a contact centre for a period, attach conditions to contact (for example that the parent must not drink before or during contact), direct further tests to see whether things improve, or, in serious cases, limit or stop direct contact. The court is cautious about stopping contact, which our article on reasons to stop child contact explains.
Our previous version of this article included two case summaries. We've removed them because we couldn't verify the citations, and any case-law content on our site now has to follow our ethics rules for reporting judgments. The general point stands: every case turns on its own facts, and the court looks at the whole picture, not just the test result.
Can a parent refuse to take a drug or alcohol test?
Yes, in the sense that the family court can't physically force anyone to give a sample. But refusing has consequences. If the court has decided testing is necessary and a parent won't cooperate, the court can take that refusal into account and may conclude that the parent is trying to hide drug or alcohol use. It then decides the case on the rest of the evidence, which may lead to more cautious arrangements for the child.
If you have a genuine reason for not wanting a particular test, raise it with the court before the deadline rather than simply not attending.
Can you appeal or change an order made after a positive test?
There are two different routes.
Appeal. If you think the judge got the decision wrong in law or procedure, you can appeal. You may need permission to appeal, and the appellant's notice must be filed within 21 days of the decision unless the court sets a different period (Family Procedure Rules 2010, r30.4). Our guide on how to appeal a family court order explains the process.
Variation. If things have changed, for example you've been free of drugs or alcohol for a sustained period, you can apply to vary the order using form C100. The court may want up-to-date evidence, which can include fresh testing, and you may need permission if a section 91(14) order is in place.
Our earlier article said any parent with a positive result could use form C650 to have an order reviewed. That was wrong. Form C650 is a special form only for cases where Trimega Laboratories Limited carried out a hair strand test and the applicant says the result was wrong and materially affected the order.
Who pays for drug and alcohol testing in family proceedings?
In private law cases, the cost of testing is usually paid by the parties, in whatever shares the court directs. If you have legal aid, your solicitor can ask the Legal Aid Agency to cover your share of the expert's fees under its rules on expert witnesses in legal aid cases.
Our previous version said there are two fixed conditions for reimbursement. We couldn't confirm that, so we've taken it out. Ask the court to deal with costs clearly in the order that approves the test.
How drug and alcohol testing works at a glance
Step | What happens |
1. Concern raised | A parent raises the concern in the C100, form C1A, a C2 application, a statement or at a hearing |
2. Court decides | The court gives permission only if testing is necessary (Children and Families Act 2014, s13) |
3. Order made | The order usually sets out the test, the period to be covered, the testing company, the deadline and who pays |
4. Sample taken | Identity checks, then the sample is collected and sent to the laboratory under chain of custody |
5. Report | The expert report goes to the court, the parties and Cafcass |
6. Decision | The court weighs the result with all the other evidence, applying the welfare checklist (Children Act 1989, s1(3)) |
7. Challenge or review | Appeal within 21 days (FPR r30.4), or apply later to vary the order if things change |
How we can help
Court Help Limited is a family law paralegal firm in England and Wales. We're not solicitors and we don't represent clients in court. If drug or alcohol testing has come up in your child arrangements case, we can help you:
understand what the order says and what the test report means
prepare a statement or position statement setting out your concerns, or your response to them
prepare a C100 or C2 application
organise your evidence and prepare your court bundle
You can read what our clients say in our Google reviews. To talk to us, email help@incourt.co.uk or use the contact form on our website and one of the team will get back to you.
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Frequently asked questions
Can the family court order a hair strand test?
Yes. The family court can give permission for a hair strand test if it's necessary to assist the court to resolve the case justly (Children and Families Act 2014, s13). The test is carried out by a specialist testing company and reported as expert evidence.
Will I lose contact with my child if my drug test is positive?
Not automatically. The court considers what the result means for the child's welfare alongside the rest of the evidence. It may order supervised contact, conditions or further testing rather than stopping contact.
What happens if I refuse a court-ordered drug test?
The court can't force you to give a sample, but it can take your refusal into account and may conclude you're trying to hide drug or alcohol use. It will then decide the case on the other evidence.
Who pays for a drug test in a child arrangements case?
Usually the parties pay, in the shares the court directs. If you have legal aid, the Legal Aid Agency may cover your share of the expert's fees.
Can I cut or dye my hair before a hair strand test?
You shouldn't. Cutting, dyeing or chemically treating your hair before the sample is taken can affect the result and may suggest you're trying to hide something.
This article is general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice. Every case turns on its own facts, and court fees and procedures change, so check GOV.UK for the latest position. Court Help Limited is a family law paralegal firm, not a firm of solicitors, and does not represent clients in court.
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