Our first post written exclusively for you by family law blogger John Bolch explains what you need to know regarding proceedings, process, DNA and hair strand testing.
I've got an order for a DNA/hair strand test - what does it all mean?
It is quite common in Family Court proceedings relating to children for the court to order that DNA or hair strand tests be carried out. DNA tests may be ordered when there is a dispute over the paternity of a child, perhaps in connection with a child maintenance claim, and a drug test with hair can be used (for example) to determine whether a party is using illegal drugs.
Whether the proceedings are public law (i.e. involving social services), or private law (usually between parents, to sort out arrangements for a child, or child maintenance) there will be a preliminary hearing, at which the court will seek to establish the issues that need to be resolved. If there are issues requiring tests to be carried out then the court will make directions to that effect.
The directions will use technical language, and it is important to know what they say, and understand what it means, both so that you can comply with the direction, and so that you know what will happen next.
The following explanations are based upon standard wording for the directions, but the exact wording may vary from case to case. Note also that testing for drugs or alcohol may also be done by other means, for example using blood samples.
Paternity (DNA) testing direction
The direction will begin by giving the name of the child and of the alleged father. It will then state from whom bodily samples (saliva samples from the inner cheek) will have to be supplied to the tester.
The wording thereafter will depend upon whether or not the testing is to be done through the Children and Family Court Advisory and Support Service (‘CAFCASS’), the organisation that looks after the interests of children involved in family proceedings. What follows assumes that the testing will not be through CAFCASS.
The direction will continue by stating that the court office will complete the first parts of ‘Form BD1’, which sets out what needs to be done to get the samples to the tester. This involves the taking of the samples, the provision of a photograph to identify the person giving the sample, and the confirmation by the testing company that they have received the samples.
The direction will then state who must instruct the testing company, and that at the time the samples are obtained the person giving the samples must provide to the sampler the completed form BD1, a copy of the directions order, and photo identity.
The direction will require the sampler to send the samples to the testing company, and the company to send the written results of the test to the court. Lastly, the direction will state who is to pay for the sampling and testing.
Drug/alcohol (hair strand) testing
Here, the direction will begin by stating that the court needs a report to find out whether the named person (usually the mother or father) uses drugs and/or alcohol.
It will then state that that person must provide hair samples so that a drug test with hair can be undertaken. This normally involves making arrangements with their GP for the samples to be taken. Again, photographic proof of identity will be required, and a copy of the directions order passed to the GP.
The order will then require the GP to send the samples to the testing company.
The direction will then set out the period (in months) which the testing is to cover to see whether drugs and/or alcohol were used during that period, and (if appropriate) what drugs are to be tested for. The test report must be sent to the court and the parties.
The direction may go into further technical detail, referring to ‘EtG and FAEE testing’. These abbreviations refer to Ethyl Glucuronide and Fatty Acid Ethyl Esters respectively. You don’t need to know what these are, save that they are indicators of alcohol consumption. If you want more details, see here. Lastly, the direction will state who should pay the cost of testing.
What happens next?
In both cases, once the results of the tests are to hand there will be a further court hearing, to decide the matter in issue, for example the arrangements for the child. The results of the tests will be used by the court in evidence, when it comes to its decision.
