In a parenting dispute, allegations of drug use and excessive alcohol consumption are taken seriously by the Court. When determining what parenting orders should be made, the Court is required to consider what arrangements would best promote the safety of your child/ren.
If you or your ex-partner raise concerns about the use of illicit substances or the misuse of prescription medications or alcohol, the Court may make drug testing orders. The Court may require you or your ex-partner to take a drug test once or undergo a series of regular tests.
Drug testing can take many shapes and forms. Some examples of drug testing include:
Hair Strand Testing
A sample of hair is collected and sent to a laboratory to determine whether specific drugs or their metabolites are present. Hair from any part of the human body can be used.
Hair strand testing has a longer detection period in comparison to other forms of testing. Usually, the detection window ranges from between 3-6 months. This form of testing can be preferred by the Court because it provides a more detailed overview of the frequency and timing of drug use.
Hair strand testing can detect a broad range of substances, such as; cannabis, cocaine, opiates, benzodiazepines, alcohol and amphetamines.
A disadvantage of hair strand testing is that in comparison to other forms of testing, it is often more expensive.
Urine Drug Testing
This form of testing requires a person to produce a urine sample, which is then analysed for the presence of illicit substances.
The disadvantage of this form of testing is that it generally has a detection window of about 2-5 days. The detection period can vary depending upon several factors including body mass and hydration levels. The test does not indicate how much of a substance a person is consuming.
The advantage of urinalysis is that in comparison to hair strand testing, it is a quicker, less invasive and more cost-effective way of testing.
Liver Function Testing (“LFT”) and Carbohydrate Deficient Transferrin Test (“CDT”)
Both of these forms of testing involve a blood test. A LFT can be used to assess whether a person has current liver damage from excessive alcohol consumption.
A CDT assesses excessive alcohol use and generally provides a result in percentage terms to reflect an average of daily alcohol consumption. Factors such as a person’s age, gender and body mass index may impact upon results.
These tests are available at pathology laboratories and generally cost about $150. In some cases, the tests may be subsidised by Medicare.
Regardless of which form of drug testing you undertake, it is important to ensure that the laboratory conducting your testing is accredited and meets the Australian/New Zealand standards to ensure they comply with the supervised chain of custody standards.
Written by
Olivia Brennan
Family Law Solicitor
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