If the local authority decides to apply to the court, it can apply for a care or supervision order. As a rule, you will be informed of such a procedure or of the intention to apply for it. However, in cases of urgency, the local authority may submit an application without notice. In proceedings relating to the rights of the child, the court focuses on examining what is in the best interests of the child and, therefore, the court deals with allegations of drug or alcohol use only if they affect the parents` ability to care for or spend time with the children. Fail in preparation, prepare for failure. This is a motto that certainly applies to family law cases: insufficient preparation for a client`s hearing date can lead to a bad decision in a custody case. Without this testimony, it would be impossible for a family law lawyer or family court to determine whether a hair strand test was performed reliably and according to strict protocols. Whether you are a parent who is worried about your ex`s drug use or a parent who is desperately trying to see the children, the most important thing you need to remember is that the approach of the court and professionals is to do what is in the best interests of the children, and this may include contact, when it is preferable for a child to maintain a relationship with both parents in a safe environment. It is not uncommon for one parent to claim that the other parent has a drug or alcohol problem when a couple separates. What for? There can be several reasons and in this blog we look at allegations of drug or alcohol abuse and drug testing in child court cases.
This drug testing policy may be part of your employee handbook or may be set out in your contract. Check this policy to see if your employer can get tested for drugs. Sometimes drug testing guidelines are put in place after working somewhere for a while. In this case, you must accept it separately or accept a modification of your contract. A parent who repeatedly violates child endangerment laws or these regular home visiting checks may lose full custody of their child. If both parents continue to behave in a manner prejudicial to the child, a court may withdraw custody and order that the child be removed from the home. For example, the donor may have bleached or dyed their hair to reduce the amount of a drug that can be detected. The confirmed presence of a drug may be due to external contamination rather than actual use. For such reasons, lawyers should avoid taking over the interpretation of hair test results, but leave them to the lab and its trained clinicians. Test results may indicate that each test substance is «not detected».
If a family law lawyer passes this on to the judge in court, he will inevitably accept it as gospel. However, the results may not be as clear: mitigating and aggravating factors may be taken into account. A court-ordered custody order contains instructions on how to keep the parents. The order specifies which parent has full custody, whether custody is joint or alone, the nature of custody, and so on. Depending on the case, the court may allow a parent to regain some of their rights or have custody changed in the future by establishing a treatment plan and agreeing to be tested regularly for drugs. Since the oral fluid test involves inserting a sampling device into the person`s mouth for several minutes, this could be a real problem. If saliva phobia or fear of choking are real concerns, another testing method may be recommended or advice may be initiated. Parental substance abuse is taken very seriously for clear reasons, and if you`re not sure what the court considers to be substance abuse, check out one of our recent blogs What is Parental Addiction. Since this is the standard of living and the best interests of the child, the court must make every effort to analyse the parents with all the data and information at their disposal. Factors analyzed include the child`s age, the health and well-being of parents, each parent`s income and financial assets, and whether the child has a particular attachment or preference for a parent. If a parent finds that they are in a dilemma as to whether their children should see their other parent due to concerns about drug or alcohol use, it is important to speak to a Cheshire child rights lawyer to discuss the issues and explore opportunities for contact in a safe environment.
If an allegation of alcohol or drug abuse is made, the parent making the allegation must disclose whether they want the court to order the tests. The other parent can then decide whether they agree with the testing process and a report prepared for the court. If the other parent does not accept the test, the court cannot order the test against the will of an adult or force the parent to take the test. For information or advice on children`s rights and childcare arrangements in the event of allegations of drug or alcohol abuse, please call us on 0345 222 8 222 or contact us online or email me at firstname.lastname@example.org Sampling usually takes place at a law office. . . .