Substance use & parenting time

Women who have had a partner who has subjected them to intimate partner violence may also be concurrently dealing with partners who have substance use issues. Cases involving substance or alcohol use can be emotionally draining for all involved, especially if that makes it difficult for the parties to co-parent.

How substance use can affect children

Children with parents who misuse drugs or alcohol are at heightened risk of trauma and abuse and can experience other consequences such as educational delays, mental health problems and behavioural issues.

Parenting Time       

While courts are required to give effect to the principle that a child should have as much time with each parent as is consistent with the best interests of the child, there is no automatic presumption of equal parenting time.

This means that the court must consider the child’s physical, emotional and psychological safety, security and well-being which is particularly significant in cases of family violence.

Substance use could be one of the considerations in determining what parenting arrangements are in the child’s best interests so, if a woman has concerns about her former partner in this regard, she should raise this issue with the court, providing details about the partner’s substance use.

When should supervised parenting time be required?

Parents who engage in substance use may require limitations and supervision when bonding, caring for, or spending time with their child. While it is important to maintain the parent-child relationship, restrictions or supervision should be imposed in circumstances where it is determined that unsupervised parenting time is not in the best interest of the child.

Some considerations to guide a woman in asking for more restrictive parenting orders include:

• Is her ex-partner able to meet the child’s health and development needs (i.e. take them to doctor’s appointments or ensure they are eating nutritious meals)
• Is her ex-partner able to put the child’s needs first when the child is in their care?
• Are they able to provide a consistent routine (i.e. putting the children down for naps or getting the children ready for school)
• Are they involved in treatment for their substance use? What treatment have they completed and is there a plan if future treatment is needed?
• Are they engaged in group therapy or have peer support?
• If they are not engaged in treatment – what treatment are they willing to participate in?
• Does the substance use issue affect their ability to parent?
• Are they exposing the child to a risky environment or risky people?
• Is this a case where the judge can order them to refrain from the use of substances during parenting time or is the nature of the substance use one where the court must completely change the parenting arrangements?
• Do they have a criminal record?
• How long have they been using substances? And how frequently?

Implementing supervised parenting time

If you are supporting a woman who is seeking supervised parenting time in her family court matter, you can let her know that it is helpful for her to seek a court order that sets out:

• The reason for the supervision
• The frequency of the parenting time, the duration of the visit as well as any restrictions
• A robust parenting schedule that also contemplates drop offs and pick ups and plans for emergencies or inclement weather
• How the parties will communicate with one another and share information about the child (i.e. an app such as OurFamilyWizard)
• If there is a date to review the parenting time
• Which party is responsible for paying for the supervised access centres services
• Which centre the supervised visits will occur at
• Explicit criteria to modify or step-up supervision
• Explicit criteria to terminate supervision