How do courts handle parenting time when a parent has a substance use problem?

Substance use by a parent is a serious concern in parenting proceedings because it directly affects the safety and wellbeing of a child in that parent's care. Courts in Ontario take a nuanced approach: they distinguish between a history of substance use that has been addressed and an active, ongoing problem that creates risk.

A parent with a substance use history who is now in recovery, attending treatment, and demonstrating stability may retain full parenting time. A parent who is actively using substances in a way that impairs their ability to care for the child may have their parenting time reduced, supervised, or conditions attached — such as random drug or alcohol testing before and during parenting time.

Evidence matters. Courts rely on: sworn affidavits describing specific incidents, police or child protection records, drug testing results, reports from healthcare providers, and accounts from the child or witnesses. Allegations of substance use without supporting evidence are less persuasive.

Courts also consider the child's relationship with the parent and the impact of limiting time. The goal is protecting the child while preserving the parent-child bond where it is safe to do so.