Likely contact arrangements where there is ongoing alcohol misuse and domestic abuse

[Iristhebutterfly]

Upcoming fact-finding and likely contact arrangements

Hi, I’m trying to understand what contact arrangements are usually made in cases involving alcohol misuse and domestic abuse.

We have an upcoming fact-finding hearing, after which a Section 7 report will be done to determine child arrangements. We have two preschool children.

Since last September there have been interim orders in place (NMO, Occupation Order and PSO) and the children have video contact only with their father.
Prior to separation his alcohol use had escalated significantly. He was drinking daily, often in the mornings, and there were repeated concerns about drink driving including nursery pick-ups. This was reported to the police, DVLA and GP at the time.

There was also escalating behaviour at home including repeated shouting, intimidation, blocking exits, threats, disappearing acts, locking me and the kids in the garden, neglect and rough handling of our toddler and pushing me. CAFCASS carried out a Rule 16A risk assessment.

The court ordered hair strand alcohol testing. The first result showed chronic excessive drinking well above the cut-off.
The next test was submitted almost 3 months late and again showed very high levels (up to 6x the chronic excess cut off), with a high PEth blood result.
He continues to deny having an alcohol problem in his statements and hearings.

Since separation I have said I would not oppose supervised contact in a contact centre if he was sober.

I’m trying to understand what the usual progression of contact is in situations like this:
Is contact usually started in a supervised contact centre after fact-finding? Who then usually pays for this?
How long do parents typically have to show negative/low alcohol tests before unsupervised contact is considered?
When do courts usually allow overnights, if alcohol misuse has been an issue?
How long do courts typically continue ordering alcohol testing once results improve?
I know everyone is different but what are the realistic chances of recovery from severe alcohol misuse or meaningful behavioural change in this sort of case?
Finally, are alcohol testing results from family court allowed to be shared with a GP or DVLA, or are they strictly confidential to the proceedings?

Thank you for any insights or experiences

I know nothing about what the courts will do but in my experience, lasting behavioural change/recovery only happens in a very small minority of cases. Sorry. A quick google tells me that family courts are not mandated reporters to DVLA.

Hi, family solicitor here.

in response to your questions:

1. If there is going to be contact after a FFH this would usually start supervised. Person who has had findings made against them usually pays.

1. Usually around 6 months - a year in my experience but can vary. Generally will be led by contact centre reports too (i.e. consistent good visits and negative HST before unsupervised)

1. Really depends on the test results but usually there would be a stepped arrangement - something like when it becomes unsupervised, maybe move to one afternoon and one weekend day a week, then try one overnight on alternate weeks etc. you could seek an undertaking that he doesn’t consume alcohol before/during contact. Court can also order him to do breathalysers at handover.

1. You can’t share anything from proceedings with external agencies unless you get permission

good luck!

I think I’d be getting advice on this. There must be free services for you to do so including children’s services and Cafcass. Alcohol and abuse and very young children would have me extremely guarded unless I could be absolutely sure. Even in a contact centre. I say this as an adult child of an alcoholic and also someone going through the fact finding process.