Alcohol-related issues are often a point of contention in divorce and parenting disputes.
A parent’s use of alcohol can play a significant role in parenting cases, especially if it is perceived to affect a parent’s ability to provide a safe and stable environment.
The distinction between Alcohol Use Disorder (AUD) and Alcoholism becomes critical in these legal contexts. It’s important to understand that how alcohol impacts a parent’s capacity to care for a child depends not just on the volume of consumption but on the presence of an underlying psychological disorder, such as AUD.
Historically, terms like “alcoholic” have been loosely used to describe parents who consumed alcohol in excess, leading to various negative consequences. However, this terminology is now considered stigmatizing and vague. The medical and psychological community has shifted toward using the term Alcohol Use Disorder (AUD), a more clinically grounded concept.
High-risk drinking refers to consuming alcohol at levels that pose a risk for adverse health effects or social consequences, but without the strong psychological or behavioural components that characterize AUD. An individual with AUD, on the other hand, is unable to control their alcohol use despite the negative impact on their health, relationships, and daily responsibilities, including parenting.
The essential difference between excessive drinking and AUD is the lack of control. Where a high-risk drinker might binge or drink heavily in certain social settings, they may not experience the compulsive need or psychological dependence on alcohol that is characteristic of AUD. People with AUD often find it difficult or impossible to cut back on drinking, even when it becomes clear that their substance use is causing harm.
In Family Court, alcohol consumption often becomes an issue when one parent raises concerns about the other’s ability to care for their children. Courts will assess whether a parent’s drinking impairs their judgment, stability, and emotional presence in the child’s life. The distinction between high-risk drinking and AUD can be pivotal in determining the outcome.
A parent who engages in high-risk drinking may be at fault for specific incidents, like excessive drinking at social events or a history of DUIs, but they may not have a pervasive pattern of alcohol misuse. Courts may order such individuals to attend parenting classes, abstain from drinking in the presence of their children, or comply with random alcohol testing. However, they might not face the same restrictions as someone with AUD, depending on the circumstances.
A parent with AUD presents a different case. Because AUD is a disorder involving compulsive alcohol use despite adverse consequences, it can be significantly more damaging to a parent’s ability to care for their children. Common symptoms of AUD, such as neglecting important life responsibilities or engaging in risky behaviors like driving under the influence, are particularly concerning in a parenting context.
Courts are likely to scrutinize how AUD affects day-to-day parenting, including whether the parent can maintain a safe and stable home environment. For instance, if a parent’s drinking causes frequent blackouts, emotional volatility, or a lack of supervision, these issues can directly impact the well-being of the children. In severe cases of AUD, the parent may even face supervised visitation or the temporary loss of parenting rights until they seek treatment.
Because AUD is recognized as a psychological and behavioural disorder, courts tend to focus on the treatment and rehabilitation options available to a parent struggling with AUD.
If a parent is actively engaging in treatment – such as attending counseling or a rehab program – courts may view this favourably.
Parents may be required to:
- Undergo regular testing for alcohol use to demonstrate they are staying sober.
- Complete a substance abuse treatment program and provide proof of participation.
- Attend therapy sessions to address the underlying psychological issues contributing to AUD.
- Engage in co-parenting counseling to improve communication and reduce conflict regarding alcohol-related issues.
When a parent acknowledges their disorder and actively seeks help, it can signal to the court that they are committed to creating a safe environment for their children.
The shift from the term “alcoholic” to Alcohol Use Disorder reflects a broader effort to reduce the stigma attached to problematic alcohol use. Unfortunately, in post-divorce parenting disputes, stigma may still play a role in how alcohol issues are perceived by judges, mediators, and even the other parent. A label like “alcoholic” can invoke assumptions of irresponsibility or moral failing, which can have lasting implications on a parent’s legal standing.
It’s crucial that courts distinguish between temporary issues related to high-risk drinking and the chronic, more complex nature of AUD.
By focusing on the clinical definition of AUD, courts can more accurately assess the risks and determine appropriate interventions that are in the best interests of the children. Parents with AUD who take active steps toward recovery and maintain a structured support system may be in a stronger position to regain or maintain custody compared to those who deny their condition or refuse treatment.
In post-divorce parenting, the distinction between high-risk drinking and AUD is critical in determining a parent’s ability to provide for their children’s safety and well-being. While high-risk drinking may lead to short-term restrictions or monitoring, a diagnosis of AUD often calls for more intensive intervention. However, recovery from AUD and active engagement in treatment can make a significant difference in the outcome of custody decisions, signaling to courts that the parent is capable of providing a stable and supportive environment for their children.
For parents navigating these complex legal and personal issues, understanding the clinical nature of AUD and taking steps toward treatment is essential in protecting both their parental rights and their relationship with their children.
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.