Alcohol use/misuse and how it impacts care arrangements

When you are separating, you will need to consider arrangements for your children. In determining what arrangements are appropriate, lawyers will often refer to ‘the best interests of the child’, as this is the paramount consideration for the court. Section 60CC of the Family Law Act 1975 (Cth) sets out how a court determines what is in a child’s best interests and includes factors such as what arrangements would promote the safety of a child or children.

Unfortunately, it is not uncommon for a parent to suffer from alcohol abuse or misuse. Whether this arose in the context of the separation or was an issue during the relationship, alcohol abuse and/or misuse give rise to safety concerns where that parent proposes to care for the children. If a parent is caring for a child under the influence of alcohol (or other substances), this can significantly impair their ability to respond to the child’s needs, including in the event of an emergency. A parent being under the influence of alcohol may also place children at risk of serious injury, for example, where the parent then drives with the children in the car whilst under the influence.

A parent with alcohol issues does not automatically result in that parent not having any relationship with the children; however, it is important to ensure that there are appropriate safety measures in place to protect the children from being exposed to harm resulting from that use.

When faced with a parent who struggles with alcohol use and/or misuse, a Court will likely assess the risk posed (including an assessment of the behaviour and consumption to date), and look at what, if any, protective regime can be put in place to address any alcohol use issues. 

Examples of protective measures may include:

1. Orders restraining a parent from consuming alcohol for 24 hours prior to the children spending time with them and whilst the children are in their care.

2. To establish that the parent is not under the influence of alcohol, a parent may need to undertake blood alcohol content readings on a breathalyser and provide the results to the other parent prior to the children coming into their care.  In the event the parent returns a blood alcohol reading higher than 0.00%, the children may not be made available.

3. Placing an ignition interlock device in the parent’s motor vehicle, to ensure that the motor vehicle is not operated whilst a parent is under the influence of alcohol.

4. To undertake testing, such as a carbohydrate-deficient transferrin test and/or liver function test.

5. To undergo a psychiatric assessment directed to alcohol dependency and/or alcohol use disorder.

When faced with the issue of what time children should spend with a parent who struggles with alcohol issues and/or misuse, the Court will ultimately make findings about any allegations and/or admissions that have been made; and make an assessment as to future risk of harm.

The Court is likely to consider whether the parent still consumes alcohol or other substances, and whether this consumption occurs in the context of that parent caring for the children.  Where a parent has ceased alcohol consumption or use of substances, the Court will look at making orders to monitor and guard against a possible relapse into alcohol or substance use, to protect the children from any harm resulting from such a relapse.

If you would like advice about appropriate care arrangements or protective measures where alcohol use is an issue, please get in touch with us. Our specialist family lawyers here at R + M Law can guide and support you to put in place safeguards and arrangements to best suit your individual situation. To arrange an appointment with one of our family lawyers, please complete the enquiry form below or call us on (02) 6225 7040 or email info@rmfamilylaw.com.au, or get started now online.

Child Impact Reports

The Court has made an Order for you to participate in a child impact report, so what is a child impact report?

A child impact report is a report ordered by the Court, that provides information bout the needs of the children involved in Court proceedings. The purpose of the report is to provide the Court and the parents with information about the children, their experiences, and their needs, in the context of the dispute before the Court.

The report is prepared by a Court Child Expert, who is a qualified psychologist or social worker. Court Child Experts are employed by the Court and have significant experience working within the Court system and with children from separated families.

The child impact report interviews generally occur in 2 parts over separate days. Part 1 includes interviews with each of the parents, and Part 2 includes an interview of the child or children, so long as the children are of an appropriate age and stage of development. The interviews are fully reportable, which means that nothing that you raise with the Court Child Expert is confidential.

When the Court Child Expert meets with parents and children, they may explore issues including:

1. The current care arrangements for the children;

2. The proposed care arrangements;

3. The child’s relationships with their parents, siblings, and other family members;

4. The presence or risk factors, including family violence, drug or alcohol use;

5. The presence of any mental health issues;

6. The child/dren’s age and development needs; and

7. Any other factor that the Court Child Expert identifies as important, given the circumstances.

Following the interviews, the Court Child Expert will prepare a report. The report will be provided to the Court and then released to the parties. Once the report is released, it is not to be shared or shown to any other person, without the Court’s permission. Its contents will be considered by the Judicial Officer hearing the case and it will form one of the parts of evidence in the case at a Final Hearing.

If you are involved in parenting litigation it is important to obtain specialist advice from those qualified to assist you.

To make an appointment with a member of our team please contact our office on (02) 6225 7040 or by email on info@rmfamilylaw.com.au or get started now online to make an appointment with one of our experienced family lawyers.

Author: Ellen Russell