The Role of Alcohol in child custody matters
When misuse of alcohol is the root cause of family breakdown or marital difficulties, it can affect the outcome of child custody and contact disputes. Throwing alcohol abuse into the mix makes it further difficult to negotiate the terms of the child custody agreement.
The Role of Alcohol in child custody matters
When it comes to the relevance of alcohol to child custody, the most pressing concern is that the co-parent struggling with alcoholism may not be able to provide a safe environment for the child. Moreover, it could lead to other negative impacts, for instance, potential neglect and normalisation of excessive alcohol use.
Therefore, alcohol abuse claims have a significant impact on child custody agreements as these agreements aim to safeguard and promote the welfare of the child.
In contrast, if the parent’s abuse is a known factor during child custody negotiations, the parent will retain child custody privileges if they limit or successfully manage the alcohol use. The parent affected by the alcohol abuse has to prove that safe interactions with the child are possible.
The claims of unmanaged alcohol abuse weigh heavily on the custody agreements as it poses a threat to the child’s safety and well-being.
Proving alcohol abuse in child custody cases
Alcohol abuse enters into child custody negotiations in one of three ways
- Both parents are at the risk of losing child custody due to the alcohol abuse claims
- One parent accuses the other of misuse of alcohol and pleas for sole custody of the child.
- In either sole or shared custody situations, the parent is suspected of drinking excessive alcohol during his/her time with the child.
Simply accusing the parent of alcohol abuse would not quite cut it, the court will ask the accuser to provide evidence to settle the claim. It is easy to provide evidence and records when the accused has a long or extreme history of alcohol abuse. Such records to prove patterns of alcohol abuse include court-mandated treatment programs, DUI arrests, or medical records.
Ensuring Children’s Best Interests
If the alcohol abuse is proven, it does not necessarily stop contact. The court will appoint a CAFCASS officer to represent the child and prepare a report. The CAFCASS caseworker will advise the court on what is safe and in the child’s best interests.
The court will make a decision on child custody and contact disputes depending on the CAFCASS report and other factors. If alcohol is an issue of concern, the court may allow the parent to spend time with the child and have contact with certain safeguards in place.
- The parent can spend time with the child in the presence of a responsible adult
- If the excessive alcohol consumption is restricted to weekends or the person has a drinking pattern, the court will allow the child to spend time with the parent on days when alcohol is less likely a risk factor
- Allow contact via phone, email, or video call
- The court may order them to meet at a public venue
If the parent has a drug or alcohol problem, the court will not automatically prevent him from seeing the child. It is in the best interest of the child to have a good relationship with both parents, therefore, the court will satisfy that the child is protected from harm and risk of harm.
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.
About the Author
