Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR).
Changes to the Family Procedure Rules in relation to NCDR, which came into force in April 2024, marked a transformative moment for family law professionals and mediation practices in the UK.
Designed to strengthen the role of mediation by placing emphasis on non-adversarial approaches and broadening the definition of NCDR to include a wide range of methods for dispute resolution, the rules seek to empower families to resolve conflicts constructively, with minimal court intervention.
However, the success of mediation often depends on the trust and cooperation of all parties. In cases involving allegations of substance misuse or disputes over biological relationships, impartial evidence provided by drug, alcohol and DNA testing can help to:
- Reduce conflict by clarifying disputed facts
- Build trust between the parties involved, promoting cooperation and understanding
- Support informed, child-focused decisions that prioritise safety and stability
Drug, alcohol and/or DNA testing may be sought during NCDR for a variety of reasons including:
- Where there are concerns about substance misuse i.e. where it is thought that a parent’s use of drugs or alcohol could impact their ability to care for a child safely. In this instance, drug and/or alcohol testing can help establish whether or not substance misuse is a factor.
- For parentage disputes, DNA testing can be used to confirm biological relationships, allowing families to reach decisions about custody and financial arrangements based on accurate information.
Suspected substance misuse
Concerns surrounding a parent’s suspected substance misuse can heavily impact mediation where the issues of childcare and visitation are central to discussions. In these circumstances, drug and alcohol tests offer impartial evidence as to whether or not there has been recent or longer-term substance misuse.
Options for testing include:
- Urine and oral fluid drug tests: Offering a narrow window of detection of up to four days for urine, and up to 48 hours for oral fluid, these tests are ideal for assessing recent substance use.
- Hair and nail drug and alcohol tests: These tests provide a wide-window of detection of up to 12 months.
- PEth blood alcohol testing: Known as the gold standard blood alcohol test, this test detects alcohol consumption for up to 4 weeks and can even be used to detect chronic and single-drinking episodes.
- SCRAM CAM® monitoring: A continuous alcohol-monitoring bracelet that takes a reading for alcohol in sweat every 30 minutes, SCRAM CAM provides ongoing and real-time insights into an individual’s drinking habits.
These methods ensure that decisions about parenting arrangements can be made based on objective evidence, prioritising the child/children’s welfare.
Parentage disputes
Uncertainty surrounding a child’s parentage can cause significant emotional strain during mediation, leading to emotionally-charged discussions that dominate proceedings.
In these circumstances, DNA testing such as paternity testing or non-invasive prenatal paternity testing – which can be performed from as early as 7 weeks into pregnancy, and is completely risk-free for mum and baby – can offer a simple, accurate and reliable way of confirming a child’s parentage.
This can allow separating families to reach decisions more quickly regarding visitation and custody arrangements, as well as financial support.
Drug, alcohol and DNA testing for NCDR
The NCDR rules highlight the importance of open communication and co-operation in resolving family disputes, and helping families to reach agreements based on trust and clarity.
Whether testing is required to ensure a child’s safety or to confirm a biological relationship, AlphaBiolabs can help.
We have over 20 years’ experience providing drug, alcohol and DNA testing for legal and official matters, including as part of NCDR.
We also provide rapid results from our UKAS 17025-acredited UK laboratory, with all testing performed in the UK – so samples are never sent abroad.
For more information contact our New Enquiry team on 0333 600 1300 / testing@alphabiolabs.com or visit https://www.alphabiolabs.co.uk/legal-test-forms/, and we will be happy to discuss the requirements of your case.
