How Alcohol and Drug Use Can Affect Parenting Rights in Alberta

While many parents may consume alcohol and cannabis, excessive use can significantly affect parenting arrangements during separation.

Best Interests of the Child

When parents separate, one of the most critical legal issues to resolve is the parenting schedule: who will care for the children, when, and how frequently. In Alberta, courts determine parenting arrangements based solely on the best interests of the child. This principle is outlined in both the Divorce Act and the Family Law Act, which provide a framework of factors to consider when assessing what arrangement best serves the child’s needs.

A key factor is each parent’s ability and willingness to care for the child and meet their physical, emotional, and developmental needs.

Substance Abuse and Parenting

The court will evaluate whether a parent’s use of drugs or alcohol interferes with their ability to parent. Excessive or problematic substance use can negatively affect a parent’s capacity to care for their child and, as a result, may influence the parenting schedule.

Considering Past Behaviour

Section 16(5) of the Divorce Act limits the courts ability to consider a parent’s past conduct unless it is relevant to the parenting situation. This means that a history of substance abuse will only be considered if it continues to impact the parent’s ability to meet their child’s needs.

However, courts also examine factors such as the nature and strength of the child’s relationship with each parent, the history of caregiving, and the child’s preferences (where appropriate, based on age and maturity). Past substance use may still be relevant if it has affected these areas or continues to influence the child’s well-being.

Moving Forward

A history of substance abuse does not automatically disqualify a parent from obtaining meaningful parenting time. The courts recognize that substance use disorders are medical conditions. While this understanding does not excuse harmful behaviour, it does open the door for parents who acknowledge the issue and take active steps toward recovery.

If you are facing a separation and struggling with substance use, taking proactive steps—such as seeking treatment or counseling—can positively influence the court’s view of your parenting capacity.

At Stokes Law LLP, we understand that personal challenges can affect families in complex ways. Our family law team is committed to helping you navigate these legal issues with compassion and clarity. If you’re concerned about how substance use may impact your parenting rights, contact us today to discuss your options.

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