Substance Abuse in Private Children Cases
Substance abuse in private children cases has a huge impact on the outcome of child custody disputes and contact arrangements. It is fairly common for a parent to accuse the other parent of alcohol or drug abuse following the split. The parent’s addiction to drugs and alcohol can become a hindrance when negotiating child arrangements.
The court prioritizes the safety, welfare, health, and best interests of the child when deciding on child arrangements. Sometimes, one parent falsely accuses the other parent of substance abuse to get sole custody of the child. If the accused denies the allegations, the other parent has to prove drug and alcohol abuse in private children cases.
Proving Substance Abuse
The accuser has to prove the drug abuse and alcoholism and expose the conditions of the accused. Parents can submit videos as proof of the other parent misusing drugs and alcohol. Alternatively, they can gather evidence from someone who has seen the accused consuming drugs.
The easiest way to prove the existence of substance abuse is to present evidence about drug-related offences or driving under the influence.
Status of Recovery
If a parent is currently an addict or a substance abuser, it does not mean they cannot have any contact with the child. The court may allow visitation or supervised contact with specific conditions attached.
If the parent claims that he is sober, the court will check the period of sobriety and any relapses. This is likely to be done with the use of drug/alcohol tests. If the sobriety period is significantly short, it would be treated as a substance abuse case.
If the period of sobriety is considerably longer and attested by an addiction counsellor that the person is making substantial progress, this will be favorable when seeking contact.
The decision to grant custody will rely on certain conditions such as the addicted parent’s continued counselling, participation in AA groups, and frequent drug testing.
What will the Court Consider in the Case of Substance Abuse?
If the substance abuse is proven, the judge will keep into account the best interests of the child. The court will assess if drug misuse affects the ability of the parent to care for the child and make decisions about them. A positive drug test does not necessarily bar the parent from having direct contact with the child.
If there are safety and welfare concerns, the court will order a CAFCASS officer to prepare a report. Considering the report, the judge will decide on an appropriate outcome.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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