Drug Use & Parenting

Is Occasional Drug Use a Concern for Parenting?

Is the occasional use of cannabis or other drugs okay when considering the capacity to meet the needs of your children and protect them from the risk of abuse and neglect?

There are several recent decisions by the Family Court where parents who have admitted regular drug use have been allowed to continue caring for their children, and other instances where they have not. Several factors will determine the outcome.

What About Medical Marijuana?

Interestingly, several cases are emerging from the United States (USA) where parents who have been prescribed medical marijuana have had their children removed from their care. However, Australia and the USA have differing parenting laws. It remains to be seen how Australian courts will view this if and when our laws change to decriminalise marijuana for medical purposes.

How Do Australian Courts Decide?

In the meantime, the use of drugs and alcohol while caring for children will continue to be assessed on a case-by-case basis. The Court’s primary concern will always be whether the child is exposed to harm or placed at risk.

Under current Australian law, drug or alcohol use by a parent is not automatically a barrier to caring for children. However, where it poses a risk to the child’s safety or well-being, the Court may restrict that parent’s time or impose conditions such as supervision, drug testing, or abstinence.

Case Example: Drug Use & Parenting Capacity – Barrett & Barrett and Anor [2017] FamCAFC 4

In Barrett & Barrett and Anor [2017] FamCAFC 4, the Court considered the father’s ongoing cannabis use in the context of contested parenting arrangements. Although drug use alone was not treated as an automatic disqualification, the Court examined whether it affected his ability to provide a safe, stable environment for the children.

The judgment focused on the broader picture, including the father’s lifestyle, insight into the effect of his drug use, and the impact on the children’s well-being. Ultimately, the Court found that the mother was better positioned to meet the children’s day-to-day needs and provide a more consistent and protective care environment.

This case reinforces that the best interests of the child remain paramount, and while a history of drug use does not automatically lead to a loss of parenting time, the Court will intervene where there is a demonstrated risk to the child’s safety or development.

Your Responsibilities as a Parent

If you have children in your care, you ought to ensure that your capacity to look after them is not inhibited by the use of illicit drugs or excessive alcohol. Remember that your behaviour around children and the decisions you make on their behalf must always be in their best interests.