Parenting Time When the Other Parent Has Addiction Issues in Ontario

If the other parent struggles with drugs or alcohol, you may worry about handovers, driving and whether your child is safe. You may also worry that the court will cut off a parent who is working on recovery.

This article explains how Ontario courts approach those concerns, what conditions can be ordered, and what evidence tends to matter. It is general information, not advice for your situation.

How the court approaches substance use

Under the Divorce Act, the court considers only the child's best interests when making a parenting order. It must give primary consideration to the child's physical, emotional and psychological safety, security and well-being.

Substance use is not an automatic bar. Past conduct, such as past substance use, is not considered unless it is relevant to the person's exercise of parenting time, decision-making responsibility or contact. The court also gives effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests.

Parents who were never married or are not divorcing cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act.

Factors a court weighs

The best-interests factors include the child's needs, the history of care, each person's ability and willingness to care for the child and to communicate and cooperate, any family violence, and any relevant civil or criminal proceedings. Each parent's willingness to support the child's relationship with the other parent is also considered.

• The child's needs given their age and stage of development, including the need for stability
• Whether there is a history of care by each parent
• Any family violence or related criminal proceedings
• The child's views and preferences, given weight according to age and maturity
• Any plans for the child's care

Conditions and supervision a court can order

A parenting order may impose any terms, conditions or restrictions the court considers appropriate, and may be for a definite or indefinite period or until a specified event. It can also set requirements for communication and provide for any other matter the court considers appropriate.

Courts can write tailored conditions into a parenting order under this general power. Whether a particular condition is ordered depends on the facts of your situation, so it is worth confirming with a lawyer.

A parenting order may require that parenting time, or the transfer of the child between parents, be supervised. A court may refuse a parent parenting time if there is a fear that the parent may harm the children, harm the parent with decision-making responsibility, or not return the children. Justice Canada's Parenting Plan Checklist tells parents dealing with mental health or substance use issues to consider alternative arrangements, including supervised parenting time.

Supervised parenting time in Ontario

Supervised parenting time can be arranged where there are safety concerns. The supervisor may be a friend or relative both parents agree on, a paid professional, or trained staff at a Supervised Access Centre.

Ontario's Supervised Access Program provides places where parenting visits and exchanges take place under the supervision of trained staff and volunteers, with on-site and virtual options. Availability, waitlists and services vary by region, so confirm locally.

Evidence, urgency and next steps

A family motion uses Form 14 (Notice of Motion) and Form 14A (Affidavit), which must be sworn or affirmed. In the Superior Court, each party may file one primary affidavit on a motion, limited to 12 pages of narrative for short or regular motions. Courts look for specific facts, so keep to dates, events and documents rather than opinions.

In most cases a party must attend at least one case conference before bringing a motion for a temporary order. That does not apply in cases of urgency, such as where your or your child's safety is at immediate risk, but the judge may order costs against a party who brought an unnecessary motion before a conference.

A judge can order the Office of the Children's Lawyer to provide a voice of the child report, typically for children over seven, due within 30 days after a clinician is assigned. A full Children's Lawyer Report takes about 90 to 120 days.

• Write a dated record of specific incidents that affected the child's safety
• Keep copies of messages, police or medical records that are relevant
• Consider what safeguards would make you comfortable, such as supervised exchanges
• If a child is at immediate risk, call police and seek legal advice right away
• Speak with a family lawyer before filing, so your evidence is focused

Frequently asked questions