If you’re involved in family court proceedings, the subject of hair strand testing might come up—especially if there are concerns about drug or alcohol use. You might be wondering what hair strand testing actually involves, whether you can refuse it, what happens if you say no, and what you should do next.
This guide will answer all your questions in simple language, help you understand your rights, and give you the confidence to handle this situation calmly and sensibly.
What Is Hair Strand Testing?
Hair strand testing is a scientific method used to find out if someone has been using drugs or drinking alcohol over a period of time. The Family Court often uses this type of test when there are worries about a parent’s or carer’s substance use, and whether it might be affecting their ability to look after their child properly.
Here’s how it usually works:
- A small sample of your hair is taken, normally from a discreet spot so it doesn’t show.
- The hair is then sent to a laboratory where it’s tested for drugs or alcohol.
- The results are sent back to the Court and to those involved in your case.
The reason hair is used, rather than blood or urine, is that hair can show a pattern of use going back several months. This gives a much clearer picture of your substance use history.
When Might You Be Asked to Do a Hair Strand Test?
You might be asked to do a hair strand test if:
- The Court, a Social Worker, or a Children’s Guardian is worried about your drug or alcohol use.
- There are allegations that your substance use is affecting your ability to care for your child.
- One parent is concerned about the other parent’s lifestyle or behaviour.
- There is a history of substance misuse, even if it’s in the past.
It’s important to remember that hair strand testing is not something the Court will order lightly. There usually needs to be some evidence or a genuine reason to ask for the test.
Who Decides If You Need to Take a Hair Strand Test?
The Family Court makes the final decision about whether hair strand testing should happen. Usually, someone (often a Social Worker, Guardian, or the other parent) will make an application to the Court explaining why they think testing is necessary.
The Court must be satisfied that testing is both:
- Necessary: Is there a real need for the test?
- Proportionate: Is this test reasonable, given the situation?
If the Court thinks there’s no good reason for the test, it won’t order it. The judge will look at the evidence and consider what is best for the child.
What Happens During Hair Strand Testing?
If the Court orders a hair strand test, here’s what you can expect:
The Process:
- Arranging the Test: The Court or your solicitor will let you know when and where the test will happen.
- Taking the Sample: A professional from an approved testing company will take a small sample of your hair. This is usually done discreetly, so it doesn’t affect your appearance.
- Laboratory Analysis: The sample goes to a laboratory where it’s analysed for the specific drugs or alcohol the Court wants checked.
- Results: The laboratory sends the results to the Court and the parties involved.
The test only checks for substances the Court has asked for. The process is straightforward and should not take long.
Will You Have to Pay for the Test?
Who pays for the hair strand test depends on your circumstances:
- If You Get Legal Aid: The cost will normally be covered by your legal aid certificate.
- If You Don’t Get Legal Aid: You may have to pay for the test yourself. The Court can look at your finances and may decide someone else should pay, especially if the other party has legal aid.
- Shared Costs: Sometimes, the costs are shared between the parties.
If you’re worried about the cost, speak to your solicitor or the Court. They can explain your options.
Can You Be Forced to Take the Test?
This is one of the most common questions people ask, and it’s completely understandable if you’re feeling anxious.
The Simple Answer:
- You cannot be physically forced to take a hair strand test. No one can hold you down and make you do it against your will.
But—There Are Consequences If You Refuse:
If the Court thinks the test is necessary and makes an order for it, and you refuse to cooperate, the judge can “draw an inference.” This means the Court might decide that you’re refusing because you have something to hide—such as current drug or alcohol use. This could have a negative impact on your case, especially if the welfare of your child is at stake.
What Does “Inference” Mean?
It means the Court is allowed to assume that the test result would have shown drug or alcohol use, even though the test wasn’t done. This can be a serious matter and may affect decisions about your child’s future living arrangements.
What If You Are Taking Prescribed Medication or Treatment?
If you’re taking medication that’s been prescribed to you (for example, methadone or painkillers), you should tell both the testing company and the Court before the test. This is important because:
- The laboratory can expect these substances to show up in your hair sample.
- The Court will not hold prescribed medication against you if you’re taking it as instructed by your doctor.
Always be open and honest about any medication or treatment you’re receiving.
What Should You Do If the Court Orders a Hair Strand Test?
Here’s a step-by-step approach if you find yourself in this situation:
1. Stay Calm
Being asked to do a hair strand test can be stressful, but it doesn’t mean the Court has made its mind up about you.
2. Speak to Your Legal Representative
If you have a solicitor or legal adviser, talk to them immediately. They can help you understand what you should and shouldn’t do, and guide you through the process.
3. Don’t Cut or Dye Your Hair
It’s important not to cut, dye, or treat your hair before the test is done. This could interfere with the results and make the Court think you’re trying to hide something. If you’ve already changed your hair, tell your solicitor straight away.
4. Attend the Appointment
Make sure you attend the appointment for the test. If you can’t make it, let the Court or your solicitor know in advance.
5. Be Honest
Tell the testing company and the Court about any prescribed drugs or treatments you’re taking.
Why Does the Court Order Hair Strand Testing?
The main reason is the welfare and safety of your child. The Court’s job is to make decisions in the best interests of the child. If there are concerns about substance misuse, the Court needs reliable evidence to help it make the right decision.
A hair strand test can:
- Show if drugs or alcohol have been used.
- Indicate the level and frequency of use over time.
- Help the Court understand if substance use is a risk to the child.
How Long Does a Hair Strand Test Go Back?
A typical hair strand test can show drug or alcohol use over a period of up to three months, depending on the length of hair sampled. Sometimes, longer periods can be assessed if you have longer hair. The laboratory will explain exactly what the results mean.
Will the Results Be Used Against You?
If the test shows you have used drugs or alcohol, the Court will consider this as part of the overall picture. However, a positive result doesn’t always mean you will lose contact or care of your child. The Court looks at:
- The type and level of substance use.
- Whether you’re taking steps to address any problems.
- The impact on your ability to care for your child.
The most important thing is honesty and a willingness to work with the Court and professionals.
Can You Challenge the Results?
If you think the test results are wrong, or there is a mistake, you can challenge them. Speak to your legal representative. Sometimes, the Court will allow for a second opinion or another test, especially if there’s a good reason.
Summary: Key Points to Remember
- Hair strand testing is used in Family Court if there are concerns about drug or alcohol use.
- The test is not ordered without a genuine reason.
- You can’t be physically forced, but refusing can harm your case.
- Be open about prescribed medication.
- Do not alter your hair before the test.
- Always seek legal advice if you are unsure.
Final Thoughts
Being asked to do a hair strand test can feel daunting, but understanding the process and your rights can help ease your worries. The most important thing is to cooperate with the Court, be honest, and seek support from a legal professional if you need it. Remember, the Court’s primary concern is the well-being of your child. Showing that you are willing to be open and work towards the best outcome for your child is always the right approach.
If you have any doubts or concerns, don’t hesitate to ask for help. There are professionals who can guide you through every step.
