Case Study

Case Study – Should Mrs Smith be denied access to her children due to her previous drinking habits?

Mr and Mrs Smith have been married for four years in which they have two young children. Their marriage has broken down due to Mrs Smith’s increased alcohol consumption over the past year, in which she is known to physically abuse the children when under the influence.

The parents have separated for the past 14 months in which the children have been living with each parent on an alternative basis.

Mr Smith claims that as a result of Mrs Smith’s drinking habits, the children are subjected to physical abuse whilst in her care. The injuries suffered by the children are apparent.

Mr Smith now wants sole and full custody of the children in order to protect them, in which he has sought advice from his solicitor. His solicitor suggests that Mrs Smith undergo a Hair Alcohol Test to provide sufficient evidence in court to help show that Mrs Smith has become a reckless drunk over the past year and is incapable of having the children in her care at any point in time. She denies any wrongdoing. The court has ordered that Mrs Smith undergo a Hair Alcohol Test.

SCENARIO A

The test results are positive and corroborate the claims made by Mr Smith that she has been drunk for most of the past 12 months, including evidence of the children’s injuries whilst in her care. Mr Smith has been granted full and sole custody of the children until further notice.

SCENARIO B

Mrs Smith claims that she has abstained from drinking for the past six months and is willing to undergo the Hair Alcohol Test. The test results are negative in which the court does not deny Mrs Smith access to her children on the basis that she has in fact abstained from drinking in recent months.