03/04/2025
✅ Where do I start with addressing concerns of alcohol abuse when co-parenting?
It is always best to address alcohol consumption with your co-parent directly. For some people, they have relied on alcohol as a coping mechanism for many years. It is best for parties to address this with their co-parent directly, as accusations from a lawyer who has been recently introduced to the parties, may only escalate the discussion. If you are concerned that this discussion will put you at risk of family violence, it is important to consult with a lawyer before anything else.
✅ What happens if my ex-partner refuses to acknowledge their drinking?
If your ex-partner refuses to acknowledge that they consume alcohol to excess, it is important to seek legal advice quickly. The Family Law treats alcohol or other substance abuse very seriously, and understands how detrimental alcohol can be to the safety and wellbeing of children.
✅What can the Family Law do to protect my children if simple negotiation is unsuccessful?
The Federal Circuit and Family Court of Australia has broad powers in relation to alcohol consumption that could affect a parent’s ability to care for their child. The Court can order that a party must undertake urine tests, hair follicle testing or even attend a rehabilitation program. The Court has the power to order that a party can only spend supervised time with a child, if the Court deems the potential risk to the child to be too high.
IN SUMMARY
Excessive alcohol consumption is taken seriously by the Family Law. It is most important to protect children from a home environment that puts a child at risk of physical or emotional harm, and so it is important to address these concerns early on.
This is general information only and is not legal advice. Call us for advice on your specific circumstances.