Legal Drug Testing

A court-ordered drug test is usually a legal requirement to prove that an individual is, or is remaining, drug-free. In family law cases involving child custody, a court-ordered drug test may be required to safeguard children.

A solicitor may order a drug test to prove their client’s abstinence. Private fee-paying individuals can also request court-approved drug testing to help further their cause in legal proceedings.

At AlphaBiolabs, we offer a comprehensive range of court-approved drug tests; the results of which can be used in court and for other legal or official matters.

The type of test you need depends on the circumstances of your case, which substances you need to test for, and the period you need to test (i.e. window of detection).

We offer four types of legal drug test for court:

• Hair drug testing (both head and body)

  Family law courts regularly use hair drug testing because it offers a window of detection up to 12 months, depending on the length of hair available. Head hair samples can also be segmented to provide month-by-month analysis, which can be used to demonstrate historic patterns of drug misuse.

  Body hair can also be tested using samples taken from the underarm, leg, chest, or face. However, unlike head hair, body hair cannot be segmented to provide a month-by-month profile, instead offering an overview of drug misuse up to 12 months.

• Nail clipping drug testing

  Nail drug testing is ideal for cases where hair testing is not possible, such as where the donor has little or no hair, or for religious reasons.

  Nail drug testing provides an overview of drug misuse up to 6 months (fingernail clippings) or 12 months (toenail clippings).

• Oral fluid (saliva) drug testing

  Oral fluid testing can detect drug use up to 48 hours. It is particularly useful when an immediate result is required to determine very recent drug use. It can also be used to effectively complement hair or nail drug testing to give a much more detailed, accurate picture of an individual’s long-term and short-term drug use.

  Oral fluid drug testing is also ideal for regular use during childcare pre-proceedings for example, where a parent has sole custody of the child(ren) over a weekend or after planned child visitation.

  It is also useful for Family Drug and Alcohol Courts (FDACs), where regular, repeat drug testing is required.

• Urine drug testing

  Urine drug testing offers a window of detection up to 4 days.

  As with oral fluid drug testing, urine testing is ideal for regular use during childcare pre-proceedings and can effectively complement hair or nail testing for a more detailed picture of an individual’s long- or short-term drug use.

The question of who pays for a drug test in family court comes down to whether it is a private family law case, such as a custody dispute, or a public law case such as that handled by local authorities.

In most instances where a case is being brought by private individuals in Family Court, the parties involved will need to pay any drug testing fees.

However, cases being handled by local authorities can sometimes be eligible for legal aid to cover the cost of the test(s), provided they meet certain criteria.

Typically, a case can be considered eligible for legal aid if the drug test has been requested by a judge, provided the test has been carried out as instructed in the court order.

You can check whether your case is eligible for legal aid here.

Samples for court-ordered drug tests are collected by professional AlphaBiolabs sample collectors, under strict chain of custody conditions.

This ensures the samples are tracked from the moment of collection to the point of analysis in the laboratory, helps to prevent sample tampering, and guarantees that the samples are collected from the right people.

During the appointment, the sample collector:

• Verifies the Sample Donor’s identity
• Records any declarations made by the Sample Donor (e.g. medications they are taking that could impact the results of the test)
• Records the condition of the samples where necessary (e.g. temperature, appearance)
• Ensures declaration and consent forms are completed correctly
• Ensures all samples are properly labelled and packaged before being safely transported to the laboratory

Our nationwide network of professional sample collectors can collect donor samples from any location in the UK including homes, hostels, workplaces, offices and prisons, placement and foster homes and more, depending on the needs of your client.

We also offer FREE sample collection for legally-instructed tests from our nationwide walk-in centres – a proposition unique to AlphaBiolabs.

A positive drug test result does not necessarily mean that a parent will lose custody of their child(ren).

However, the result of the drug test, along with any other relevant expert reports, will be considered when the court is making decisions regarding custody and contact orders.  

Family courts are usually keen to ensure families remain together, as this is often in the best interests of the child. For this reason, the court will consult what is known as a ‘welfare checklist’, including:

• How capable the parents are of taking care of the child
• The needs of the child in line with their age and any emotional, physical, and educational needs they might have
• Whether the child has ever come to harm while in the care of the parent(s)
• How any changes to their home life and surroundings might affect the child

This enables the judge to make an informed decision on a case-by-case basis. However, it is worth noting that if the judge considers drug use to be detrimental to the welfare of the child, or there is evidence to suggest the child has come to harm while a parent was under the influence of drugs, they may decide to remove custodial rights.