Substance abuse and addiction affect not just the addict. They also affect the spouse and the children. Courts generally view addiction as a disease and expect the addict to seek treatment.
When there is concern that the substance abuse problem will impact parenting of the children, the parties and/or the court may decide that it is best for the addicted parent to visit the children at a Supervised Access Centre.
Also, the Children’s Aid Society may become involved where there is concern that the mental and physical well-being of the children is being compromised by the parent’s ability to care for the child due to addiction.
Often, there is dispute between parents as to whether or not either or both parties abuses alcohol, drugs, medication or any other substance. One party may not admit to his or her addiction or may hide his or her addiction, especially where there is a parenting dispute. One party may deliberately make false accusations that the other parent has an addiction in order to gain the upper hand in a custody or access dispute.
The court’s main concern is what is in the best interests of the children. Generally, the court prefers that the children maintain contact with both parents, however there may be conditions placed on contact until the issue of addiction is resolved.
Mahdi Leite Family Law is here to advise and guide you through every step in the most cost-effective and timely manner.
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