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Drug and Alcohol Abuse in Child Custody

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Published on 31 July 2024 by Amar Ali - Director and Solicitor
Drug and Alcohol Abuse in Child Custody

Drug or alcohol abuse can make it much harder to secure a favourable child custody (child arrangement) because the priority of the family courts is always the welfare and safety of the child concerned. With that said, it is not impossible for a parent with a background of serious drug and alcohol consumption to regain child custody and become their resident parent (i.e. the parent who the child lives with most of the time).

Can a father or mother lose custody for drug use?

In the UK, a mother or father can lose custody of their child or have custody removed from them by the courts due to drug or alcohol issues if that behaviour is shown to negatively affect the child’s welfare and safety. Indeed, when making decisions on child arrangements, a history of parental drug and alcohol misuse would be a primary concern for the family courts. The family court will typically look at the following factors (please note this is by no means exhaustive):

  • The amount and type of drugs taken
  • Whether there is a historic drug problem
  • Whether there is evidence of substance abuse, such as a drug test and police prosecutions or warnings
  • Whether steps have been taken to ensure sobriety and ensure that there is no relapse
  • The child’s current home environment

To get a clearer picture of what is happening in the home, the courts may ask the Children and Family Court Advisory and Support Service (CAFCASS) to carry out safeguarding checks and enquiries. They will then inform the court of any risk of harm to the child.

Understanding the extent of any drug and alcohol misuse by parents and whether this poses a risk to children can be a complex matter. There are many other factors considered by the family courts when assessing such matters, and it is often not always clear-cut. While drug misuse is illegal and will be taken seriously by the family court, if one parent is found to have misused drugs or alcohol, this does not automatically mean that the court will remove the custody of their child immediately.

For example, if you smoke ‘weed’ without your child being present, this is unlikely to result in child resident custody rights being removed, compared to smoking weed regularly in front of your child or if you have a serious drug addiction.

When assessing whether to alter child arrangements, the family courts typically follow a predefined welfare checklist to properly evaluate the case, taking into account:

  • The wishes and feelings of the child concerned, taking into account their age and level of understanding of the situation
  • The child’s physical, emotional and educational needs
  • The likely effect on the child of any change in their day-to-day living situation
  • The age, sex, background and any characteristics of the child which the court considers relevant
  • Any harm suffered by the child or they are at risk of suffering
  • Whether the parent(s) are capable of meeting the child’s needs

It is important to bear in mind that even if you lose the right to be the resident parent for your child, only in very rare circumstances can a father or mother have their parental responsibility removed completely.

If you are concerned that you may have your parental custody rights removed as a result of taking drugs or alcohol misuse, please speak to our experienced family law team. We will assess the details of your case, whether there is a risk of losing child custody, and what you can do now to protect your parental rights to look after or see your children.

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