Do I Have To Send The Kids To The Other Parent If They Have Drug Or Alcohol Problems?

Do I have to send the kids to the other parent if they have drug or alcohol problems?

A lot of our clients ask this question. It is completely understandable that as parents they want to ensure their children do not spend time around things that they do not consider appropriate for children. However, what one parent considers inappropriate might be considered perfectly normal by the other.

The Court’s position

The real issue (and the only one the Courts really consider in relation to this question) is whether or not the other parent’s drug or alcohol use compromise their ability to care appropriately for the children. The fact that a parent drinks alcohol, or even takes drugs, is not in and of itself a basis for withholding time. The real question is, does the drug or alcohol taking compromise the other parent’s capacity to look after the children appropriately?

Will the Court order drug testing?

The Courts have considered this issue in a number of cases and really it’s about identifying if a child is at risk when spending time with a parent. Some people will ask for Orders from the Courts that a parent submit themselves to drug and alcohol testing, by hair follicle, urine or blood test. It is unusual for a Court to make an Order for testing just for one of the parents – commonly the Orders require both parents to submit to the testing – that way, a clearer indicator of risk is established.

What if problematic substance abuse is identified in the other parent?

If problematic substance abuse is identified as a risk factor in a parent, the Courts will consider safeguards including supervised time with a trusted third party or at a contact centre. Most parents will work toward managing and reducing any risk their drug or alcohol use might present for children and from that perspective, Orders will often look to increasing time with the child as the parent improves their sobriety. Orders may include that a parent obtain counselling and support for substance abuse issues. Sometimes extensions of a parent’s time with a child can be subject to random drug tests being required on short notice, making it far more difficult for a parent to disguise drug or alcohol issues.