In parenting matters, allegations of drug and alcohol abuse are becoming increasingly common, often accompanied by concerns that a parent may be exposing the child or children to an unacceptable risk because of such substance use. Whether a child is exposed to an unacceptable risk of harm is a central consideration for the Court when determining parenting orders.
If a party to the proceedings makes such allegations, the Court will often order drug and/or alcohol testing, either as a one-off test or on an ongoing basis for a specified period, to substantiate the allegations or to identify the steps necessary to reduce or eliminate any risk to the child. These orders can be made at an early stage in the proceedings. The two most common drug and alcohol tests ordered in family law proceedings are Hair Follicle Tests and carbohydrate deficient transferrin (CDT).
Hair Follicle Tests
Hair Follicle tests can detect the presence of drugs or alcohol over an extended period, usually a three-month period depending on the length of the hair sample provided. Hair follicle tests are particularly useful when there is a need to assess long-term or historic patterns of use, rather than recent consumption. The cost of a hair follicle test generally ranges from $400 to $600.
Hair follicle testing can be challenging when the person subject to the allegations has limited body hair or no head hair. To prevent individuals from deliberately altering their appearance to avoid testing, court orders typically include a provision requiring the person to maintain their head hair at a minimum length, commonly no less than four centimetres, and to refrain from bleaching or dyeing their hair prior to and at the time of sample collection.
Courts may order such tests where there are concerns about ongoing substance abuse that could place a child at risk, especially when more frequent or habitual use is alleged.
Carbohydrate Deficient Transferrin Testing
Carbohydrate Deficient Transferrin (CDT) testing is a blood test to assess chronic, excessive alcohol consumption. Unlike urine or breath tests, CDT specifically measures sustained alcohol use over a period of time, typically reflecting alcohol intake over the previous two weeks. This makes it useful in matters where there are allegations about ongoing alcohol dependency rather than occasional use.
CDT testing is often ordered alongside a hair follicle test, to provide a more complete picture of alcohol use.
CDT tests are typically ordered within forty-eight (48) hours to prevent parties from manipulating the results, noting that the test reflects alcohol consumption over approximately the previous two weeks.
If you are a party to a parenting matter that has not yet proceeded to court, and the other party is making allegations of drug and/or alcohol abuse against you, which you firmly deny, voluntarily undergoing a hair follicle test at your own expense can be a useful way to address and refute those concerns.
If you need advice on parenting orders, please contact our office on (07) 5619 5933.