Drug Use & Parenting


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

There are a number of recent decisions by the Family Court where parents who have admitted regular use have been allowed to continue caring for their children and in other instances where they have not.

A number of factors will determine the outcome.

Interestingly, there are several cases 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.

In the meantime, the determination or prohibition of drug and alcohol use whilst caring for children will be determined on a case-by-case basis.

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 decision you make on their behalf must always be in their best interests.

Read more about parenting arrangements here.


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For more information, contact Bambrick Legal today. We offer a free, no-obligation 15-min consultation for all enquiries.

You can also read more about our Family Law services here.

Related Blog – What is a Binding Child Support Agreement?

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