Do you offer a free 15-minute consultation?

Yes. Wallen Family Law offers a complimentary 15-minute phone consultation so you can outline your situation, get initial guidance and understand next steps before formally engaging the firm.

Do you take Legal Aid matters?

Yes. Wallen Family Law is an accredited Legal Aid NSW panel firm and can assist eligible clients with parenting, property and family violence matters.

Do you have fixed-fee family law services?

Yes. The firm publishes clear, fixed-fee options for matters such as divorce applications, consent orders and some agreements so you know your costs upfront.

Can you help if I can’t pay legal fees right now?

Yes. The firm partners with JustFund to offer legal funding for family law matters so you can progress your case now and repay from your property settlement later, subject to eligibility.

Where are your offices?

Wallen Family Law meets clients in South Sydney (Kogarah), the Northern Beaches (Warriewood) and The Hills District (Norwest). The team also assists clients across NSW online and by phone.

Drug and Alcohol Issues in Parenting Proceedings | Family Law Australia

When parents separate, concerns about drug or alcohol use can significantly affect parenting arrangements. Courts must prioritise the safety and wellbeing of children while also supporting meaningful relationships with both parents wherever possible.

At Wallen Family Law, we regularly assist parents navigating parenting disputes where drug or alcohol concerns have been raised. These cases require careful legal strategy, clear evidence, and a balanced approach that protects children while recognising the importance of parent-child relationships.

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How Drug and Alcohol Use Can Affect Parenting Orders

In parenting proceedings, the court’s primary consideration is the best interests of the child.

Where concerns about substance use arise, the court will consider factors such as:

• Whether a parent’s drug or alcohol use affects their ability to safely care for the child
• Whether substance use has led to unsafe behaviour or neglect
• The stability and reliability of the parent’s care
• Whether treatment, counselling, or rehabilitation has occurred

The court may also consider whether substance use is occasional, historic, ongoing, or part of a pattern of behaviour.

In most cases, the court may consider it necessary to impose safeguards to protect the child.

When the Court May Order Drug or Alcohol Testing

In matters where substance use is in dispute, the court may order testing to obtain objective evidence.

Testing may be ordered where:

• One parent alleges substance misuse
• There has been previous drug or alcohol dependency
• Police or medical records suggest substance-related incidents

Testing can provide the court with reliable information when assessing risk.

Common types of testing include:

• Urinalysis testing for recent drug use
• Hair follicle testing which can detect longer-term substance use patterns
• CDT testing which measures chronic alcohol consumption
• PEth testing, a highly sensitive blood test detecting recent alcohol use

Courts may order random testing, regular testing, or testing prior to time with the child.

Supervised Time in Cases Involving Substance Use

Where the court considers there may be a risk to the child, but still wishes to preserve the parent-child relationship, supervised time may be ordered.

Supervision can occur:

• At a professional contact centre or via a supervision service
• Through an agreed family member
• With an independent third party

Supervised arrangements may be temporary and can sometimes transition to unsupervised time once the court is satisfied the risk has reduced.

The goal in many cases is to support safe and gradual progression of parenting arrangements.

Evidence the Court May Consider

Allegations of substance misuse must be supported by evidence.

Courts may consider a range of material including:

• Drug and alcohol test results
• Police records
• Hospital or medical records
• Admissions made in messages or emails
• Witness statements and Affidavit material
• Counselling or rehabilitation records

False or exaggerated allegations can also arise in parenting disputes, which is why careful legal advice is important when these issues are raised.

Drug and Alcohol FAQs

Yes. Courts may order drug or alcohol testing where concerns are raised about a parent’s substance use and its potential impact on a child.
No. The court will consider whether alcohol use creates a risk to the child. In some cases, conditions such as supervision or testing may be imposed.
A PEth test is a blood test that can detect alcohol consumption over recent weeks and is sometimes used in parenting proceedings where alcohol misuse is alleged.
Hair follicle testing can detect drug use over a longer period of time and may be used in family law proceedings to assess patterns of substance use.

Speak With a Family Lawyer

If drug or alcohol issues are affecting parenting arrangements in your family law matter, obtaining early legal advice can help clarify your options and the steps that may be available.

Wallen Family Law assists clients across the Northern Beaches, Sydney and New South Wales in parenting disputes involving substance use concerns, including matters involving testing orders, supervision, and risk management in parenting arrangements.

Book a consultation to discuss your situation and obtain tailored advice.

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