In this podcast, Family Law Partner Natasha Slabas discusses drug and alcohol testing in family law with guests James Nutt, Operations Manager for Cansford Laboratories, and Lauren Blythe, Senior Associate in the Family Team.

In family law proceedings, concerns about alcohol misuse by a parent or guardian can significantly impact decisions regarding where a child shall live and the time they spend with each parent. To address these concerns, courts often order alcohol testing to provide objective evidence of consumption patterns.

If a parent's alcohol use is suspected to compromise their ability to care for a child, or if there are allegations of excessive drinking, testing can help the court assess the level of risk and make informed decisions. It can also be used to:

• Assess chronic and excessive consumption: To determine if someone has been drinking heavily over a sustained period.
• Monitor abstinence or reduced consumption: For parents who are trying to demonstrate sobriety or a commitment to changing their drinking habits.
• Verify changed patterns of alcohol use: To track progress and ensure compliance with court orders.
• Rebuild trust: Consistent testing can help rebuild trust between parents, authorities, and child welfare professionals.

James details the various tests available in the UK and explains what they each offer. He sets out that these tests offer different detection windows and type of information. Examples of the types of tests are: Hair Strand Testing, Blood Alcohol Testing, Nail Testing, Breath Alcohol Testing and SCRAM Continuous Alcohol Monitoring by way of an Ankle Bracelet

Natasha and Lauren go on to provide some insight regarding the impact of drug and alcohol testing in Court proceedings. Including:

• Court Orders: Alcohol testing is typically ordered by the court, especially when concerns about substance abuse are raised.
• Consent and Refusal: While a parent cannot be physically forced to provide a sample, refusing to comply with a court-ordered test can lead to the judge drawing negative inferences, effectively assuming the allegations of alcohol abuse are true. Similarly, attempting to interfere with test results (e.g., by cutting hair very short) can also lead to negative inferences.
• Interpretation of Results: Test results are analysed by experts and presented in a report. These reports consider various factors, including declared medications or external influences on hair, to provide a comprehensive interpretation. It's important to note that a positive test result doesn't automatically mean a parent loses custody; the results are part of a broader assessment alongside all other evidence in the case.
• Costs: The cost of testing can be borne by the tested party or shared between parties, with courts often ordering shared costs due to the impact on the child's contact arrangements. Legal aid may be available in some local authority cases.

Alcohol testing serves as a crucial tool in family law, providing objective evidence to help courts make decisions that prioritise the best interests and safety of children. Understanding the different types of tests, their capabilities, and the legal implications is vital for anyone involved in such proceedings.

The podcast discusses the abolition of the Remittance Basis for UK Resident Non-Domiciled individuals and explains the new Four Year Foreign Income and Gains regime, after which worldwide income and gains become subject to UK tax. It also considers the new basis for inheritance tax which has changed from a domicile basis to tax to a Long-Term Residence Test, capturing worldwide assets and offshore trust assets within the UK inheritance tax net.

Also discussed are the changes to Agricultural Relief and Business Property Relief which Caps the combined relief at one million per individual and discuses how this may affect the faring families including future intergenerational gifts.

There is reference to the interplay between the changes and likely impact this will have on international UHNW/HNW families and on factors to consider before April 2025. These include whether to pull the trigger on divorce beforehand in England while there is jurisdiction to do so, and where this may otherwise be lost if not done, and of how to consider any relocation of children because of the split within families who may want to retain educational placements for minors while avoiding the rise in taxes.

Hosted by Family Partner Natasha Slabas and Ingrid McCleave Partner in Private Client and Tax joining as a speaker, to share her insights on the consequences for UK resident Non-Domiciled individuals of the budget changes to the Non Dom rules and the changes to Business Property Relief and Agricultural Property Relief.

In this episode, Natasha Slabas, Family Partner at DMH Stallard, is joined by guest speakers Ingrid McCleave, Partner in Private Client at DMH Stallard, Danielle Ford, Partner and Head of Tax Disputes, and Katharine Arthur, Partner and Head of Private Client from accountancy firm Haysmacintyre, to discuss the protection of assets pre-marriage and the key considerations for wealth planning for the future.