with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Issues involving drug or alcohol use can be confronting for parents going through separation.

Many worry that admitting to having a problem will mean losing contact with their children altogether — but that’s not always the case.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says these matters are sensitive and complex. “The Court’s main concern is always the safety and wellbeing of the child,” she explains. “But that doesn’t mean a parent with a history of drug or alcohol issues can’t have a meaningful relationship with their children.”

What the Court Looks At

In any parenting case, the Court’s focus is on the child’s best interests.

That includes the need for safety, stability and emotional security — but also the benefit of having a meaningful relationship with both parents wherever possible.

“If a parent has struggled with substance use, the Court looks at whether the issue is current, whether steps have been taken to address it, and what safeguards can be put in place,” Melody explains.

The goal is not to punish a parent but to protect the child. “The Court wants to see insight, honesty and change,” she adds. “Parents who acknowledge the issue and show they’re working on it are treated very differently from those who deny or minimise it.”

Supervised or Supported Time

Where there are ongoing concerns, the Court can order supervised time to ensure the child’s safety while maintaining the parent–child relationship.

Supervision may be provided by a relative, a trusted third party, or a professional service such as a contact centre.

“It’s a way to preserve connection while giving everyone confidence the child is safe,” Melody explains. “Over time, as stability and trust rebuild, time can often increase or move to unsupervised visits.”

These arrangements are often reviewed as the parent demonstrates consistent recovery and reliability.

Evidence and Support Matter

Melody emphasises that practical evidence can make a real difference in these cases.

“If you’re attending counselling, rehabilitation, or testing clean, that documentation is incredibly valuable,” she says. “It shows accountability and commitment to being the best parent you can be.”

The Court may also order drug and alcohol testing to help monitor progress.

“It’s not unusual for parents to have to undergo random testing at first,” Melody adds. “That’s not a punishment — it’s reassurance that helps rebuild trust.”

The Importance of Early Legal Advice

If you’re dealing with substance use concerns, it’s important to get legal advice early.

“We can help you put safeguards in place before court proceedings even begin,” Melody explains. “That might include voluntary testing, letters of support, or evidence from treatment providers — things that demonstrate stability and insight.”

Wallen Family Law often works alongside rehabilitation counsellors, psychologists and family therapists to create a plan that balances safety with maintaining meaningful relationships.

“It’s about showing the Court that you’re taking responsibility, not giving up,” Melody says. “Progress, honesty and consistency count for a lot.”

Quick Answers

Can I still see my children if I’ve used drugs or alcohol in the past?
Yes, in most cases. The Court focuses on safety, insight and whether the issue is being managed responsibly.

Will the Court take away my children automatically?
No. The Court rarely removes children unless there’s a serious, ongoing risk to their wellbeing.

What can I do to show I’m taking it seriously?
Engage with treatment, attend counselling, undergo voluntary testing, and be open about your progress. Documentation helps.

Will my time be supervised?
Possibly at first. Supervised time is common in early stages of recovery and can later transition to unsupervised time as trust rebuilds.

Should I get legal advice before going to court?
Absolutely. Early advice helps you prepare evidence and show the Court you’re being proactive and responsible.

From Melody

“Having a history of drug or alcohol issues doesn’t make you a bad parent — it makes you human. What matters is how you respond, the steps you take to change, and your ongoing commitment to your children’s safety and stability.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law