This is one of the hardest situations a separated parent faces. You are paying maintenance every month, and you believe the parent receiving it is struggling with alcohol or drugs in a way that puts your child at risk. Two systems collide here, and understanding which one does what matters more than anything else on this site, so we will be blunt where we need to be.
The hard truth first: the CMS has no safeguarding role
The Child Maintenance Service calculates money and moves money. That is the entire job. It does not assess parenting, does not investigate welfare concerns, does not check how maintenance is spent, and has no power to act on a safeguarding report. Telling the CMS the other parent is misusing alcohol or drugs changes nothing about your calculation, and it is not the CMS's failure that it cannot help. It was never built to.
Two consequences follow directly:
- Maintenance remains payable while your child lives with the other parent. The liability follows who provides day-to-day care, not who is parenting well. There is no mechanism to reduce, redirect or suspend payments because of welfare concerns.
- Safeguarding runs through entirely different doors: the police, children's services and the family court. Those doors work, but you have to walk through them deliberately, and the sooner the better.
Concern or emergency? Be honest about which this is
The right route depends on the answer.
- Your child is in immediate danger right now (the parent is incapacitated, driving under the influence with the child, or the child is unsupervised and at risk): call 999. The police can act immediately and have powers to remove a child to a safe place in an emergency.
- You believe there is ongoing risk but no immediate danger (a pattern of drinking or drug use around the child, missed school, poor supervision, a home environment deteriorating): the routes are children's services and, in parallel or afterwards, the family court.
- You are worried but honestly unsure: the NSPCC helpline (0808 800 5000) exists for exactly this. Trained advisers will help you work out whether what you are seeing is a safeguarding concern and what to do next. You do not need to be certain to call.
Route one: children's services
Every local authority has a children's services team that receives safeguarding referrals, often through a front door called a MASH (multi-agency safeguarding hub). Search the name of the council where your child lives plus "report a concern about a child". Anyone can refer, you do not need proof, and you can ask for your identity not to be shared, although a referral from a named parent who explains what they have seen is taken more seriously than an anonymous one.
What happens next, in outline: children's services decide whether to assess. An assessment can lead to no action, to support for the family as a child in need, or, where they suspect significant harm, to a formal child protection enquiry. That can end in a child protection conference and a child protection plan setting out what must change. Be accurate and specific in a referral: dates, what you directly observed, what your child has said, what the school or GP has noticed. Guesses and diagnoses from a distance weaken the report; observations strengthen it.
One thing to hold on to: children's services are not in the business of removing children from parents who are struggling. Their first response to substance misuse is almost always support and monitoring. A referral is not a nuclear button; it is how the family gets seen.
Route two: the family court
If you believe your child should be living with you, in the immediate term or permanently, that is a decision for the family court, not for social services and not for you unilaterally.
- A child arrangements order decides who the child lives with and when they see the other parent. You apply on form C100, and where your application involves allegations of harm, including substance misuse, you file form C1A alongside it setting them out.
- In a genuine emergency, the application can be made urgently, and even without notice to the other parent. Courts can list urgent hearings quickly and make an interim order the same day where the evidence justifies it, with a full hearing following once the other parent has been heard. Without-notice orders are exceptional and short-lived by design, so use this route for real emergencies, not tactical advantage.
- A prohibited steps order can stop a specific thing happening, such as the child being removed from school or taken abroad, while the main application is decided.
- The court will involve Cafcass, which runs safeguarding checks with the police and children's services on every application. If children's services already know the family, those records will be in front of the judge, which is one more reason the referral route matters.
- Courts deal with substance misuse allegations constantly and can order alcohol or drug testing where it is disputed. You do not need to prove your case before applying; you need honest, specific evidence of what you have seen.
Legal aid for private family cases is limited, but it can be available where there is evidence of domestic abuse or child protection involvement. A solicitor or a legal aid checker will tell you quickly whether you qualify, and many family solicitors offer a fixed-fee first appointment that is worth it in a case like this.
Keep records the way the checklist teaches
Everything our main carer evidence checklist says about contemporaneous records applies here doubled. A dated note made the evening something happened is evidence; a reconstructed summary written for court is advocacy. Record incidents factually, keep messages, and note what teachers, club leaders or the GP have observed themselves. Never coach your child, record them covertly, or interrogate them after visits: courts read that against the parent who did it, and it harms the child you are trying to protect.
If your child comes to live with you, the CMS picture flips
If the outcome, through agreement, social services involvement or a court order, is that your child now lives mainly with you, you have become the person with care. Report the change of circumstances to the CMS immediately: your liability as paying parent ends from around when the change is reported, not backdated to when it happened, which is one more reason not to delay. You can then apply for maintenance yourself, and the Regulation 50 rules and the checklist cover evidencing your new position, including moving the Child Benefit claim. Work out what the new calculation looks like with the calculator.
If you are the parent who is struggling
Some people will read this page from the other side, and it deserves a straight word. Addiction is a health problem, and asking for help is not what loses parents their children; hidden, escalating problems are. Your GP can refer you to local drug and alcohol services, FRANK (0300 123 6600) can tell you what support exists near you, and engaging with support voluntarily is consistently viewed as a strength by social workers and courts alike. Maintenance you receive is unaffected by any of it while your child lives with you.
The order of operations, on one line
Immediate danger: 999. Ongoing risk: referral to children's services, and a C100 with C1A to the family court if your child should be living with you. Unsure: NSPCC. Throughout: keep paying, keep dated records, and keep the CMS out of it until living arrangements actually change, at which point tell them straight away.