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By LegalMatters Staff • Parents sometimes find it difficult to balance work demands with family time. Faced with these pressures, some grow dependent on alcohol, cannabis or prescription drugs.
That addiction is often a contributing factor to the failure of a marriage. If there are children involved, the former partners must reach a parenting agreement spelling out who has decision-making responsibility (formerly referred to as custody) and how the parenting time (formerly referred to as access) will be divided.
“Those discussions will be complicated if addiction or abuse allegations arise,” says Edmonton family lawyer Jaskiran Bajwa. “ If these allegations can be proven, it can help the non-addicted parent in their legal struggles. But finding credible evidence to show addiction or abuse can be difficult, which is why parents in this situation need the assistance of an experienced family lawyer.”
While courts try to give children as much time as possible with each parent, there is no automatic presumption of equal parenting time, she says.
“In all cases, the primary consideration is the best interest of the children, especially when it comes to their physical, emotional and psychological safety,” says Bajwa. “A parent who is abusive or dealing with addiction issues will be a threat to them on all levels.”
She notes that substance abuse is quite common across the nation, citing a addictionhelp.com report that states that approximately 20 per cent of Canadians will meet the criteria for addiction in their lifetime.
“Alcohol is Canada’s most commonly abused drug,” says Bajwa, “followed by cannabis, illegal drugs and then the misuse of prescription drugs.”
For more information on this topic, she suggests reading her previous blog post, Proving abuse or addiction in a marriage.
