When families separate, emotions tend to run high, understandably so – but unfortunately, so do accusations. In many high-conflict parenting cases, one parent may claim the other is using drugs or alcohol in a way that puts children at risk. Sometimes these concerns are legitimate; other times, they arise from conflict, fear, or attempts to gain a parenting advantage.
Regardless of the reason, the courts approach these allegations with great caution. When a child’s safety or emotional well-being may be at stake, judges may order drug and alcohol testing in court even when evidence is limited. For many parents, this can feel intrusive, overwhelming, or unfair – and understandably so.
This blog combines key insights from two previous articles and offers a compassionate, fact-based overview of how Alberta courts navigate substance use concerns in family law matters.
Why Courts Order Testing | Protecting the Child’s Best Interests
Under both the Family Law Act and the Divorce Act, the court’s only consideration is the best interests of the children, which guide every parenting decision. Because substance use can affect judgment, safety, and stability, courts will often err on the side of caution to protect the child, even without independent proof that substance use has occurred.
If the court considers there to be any reasonable possibility that such allegations are true, a judge may order drug and alcohol testing to ensure the children are safe during parenting time.
Parents may be asked to undergo:
- Urine testing, which shows recent or short-term substance use
- Hair follicle testing, which is another method that can detect drug use for up to three months
- Toenail testing, which can detect drug use for up to 1 year.
Refusing to undergo testing can be viewed negatively by the court and may result in reduced or supervised parenting time until a clean result is provided. It is often advantageous to voluntarily participate in testing before any court appearance, as this can provide evidence to both the court and the opposing party that the parent does not pose a risk related to substances or alcohol.
The Privacy Dilemma | When Testing Feels Intrusive
Many parents experience testing orders as a serious intrusion — especially when allegations come without evidence. And while this reaction is understandable, courts prioritize caution when children could be at risk.
Judges are guided by one key principle:
If there is no substance use, testing will confirm it. If there is substance use, steps must be taken to protect the child.
Unfortunately, even a false allegation can temporarily disrupt parenting time, cause financial costs for testing, or require a parent to miss work. While the system aims to be protective, it can also feel punitive when the allegations prove to be unfounded.
Medical Marijuana and Legal Substance Use | Ongoing Stigma
Although cannabis is now legal in Canada – and in many cases used medicinally – it may still raise concerns in parenting matters. Courts want to ensure that any substance use, legal or otherwise, does not impair a parent’s ability to care for a child safely.
For example, in a legal case from 2015 from the Alberta Court of Queen’s Bench, Platt v Hutzal, ABQB 795, the mother in this case had a prescription for – and used – medical marijuana, but even with a prescription from her doctor, she was still required to be supervised when parenting until more information was provided regarding her daily usage and her ability to supervise her children and parent responsibly.
This underscores an important reality:
It is not the legality of the substance that matters most – it is the impact on parenting.
Zero-Tolerance Approaches | When Alcohol Leads to Concerns
Although alcohol is legal, Alberta courts can take strong action if they believe drinking affects a parent’s ability to care for their children.
In BJK v. AVK (2018) ABQB 642, despite no clear proof that the father exceeded the two-drink limit within a 24-hour timeframe set by a prior order, the court restricted him from consuming any alcohol during parenting time. Why? Because the children – ages 9 and 12 – reported feeling afraid when he drank, even though their definition of “too much” was unclear.
The court made no findings that the father was impaired or over the limit. Still, the children’s emotional response was enough to justify a zero-tolerance order.
Key takeaway:
Children’s fear or discomfort – even without evidence of excessive drinking – can influence parenting decisions.
Children’s Views | A Powerful Factor in Parenting Decisions
Children’s voices often carry significant weight in family law, especially when their emotional safety is at stake. Even young children may be asked about their experiences, and their statements can shape the court’s approach.
However, the challenge is that a child’s perspective may be influenced by:
- the other parent
- conflict in the home
- or misunderstandings about substance use.
Despite this, courts focus on protecting the child’s emotional and physical security above all else. If a child says they feel unsafe, courts typically respond with caution, even when the factual record is unclear.
The Impact on Parenting Time | What Courts May Order
When concerns about substance use arise, the Court may require:
- Ongoing drug and alcohol testing in court
- Abstinence orders, including:
- No drugs or alcohol during parenting time
- No alcohol or drugs for 24 hours before parenting time
- Supervised parenting until concerns are addressed
- Treatment or counselling, when appropriate
- Disclosure of addiction assessments or CFS reports
These orders are not intended as punishment; they are safeguards to protect children while giving parents the opportunity to demonstrate safe, stable behaviour.
What About False or Exaggerated Allegations?
False accusations happen – and they can be deeply harmful. But because courts cannot risk a child’s safety, they still often order testing to rule out concerns.
If testing comes back clean:
- Parenting time may be restored
- False allegations may be considered in future proceedings
- The court may reassess whether the accusing parent acted in good faith
But the immediate impact – missed time, stress, and financial cost – is real.
This is why legal support is crucial when facing allegations of substance use.
Finding Support Moving Forward | You Don’t Have to Navigate This Alone
Whether you are facing allegations of substance use, are worried about the other parent’s behaviour, or need guidance on parenting arrangements, the process can feel overwhelming. Substance-related concerns are emotionally heavy – and decisions made too quickly can have long-lasting consequences.
At Mincher Koeman, we are committed to:
- listening deeply,
- assessing your situation with compassion and clarity,
- and advocating for solutions that protect the well-being of your children.
Our lawyers have extensive experience handling cases involving drug and alcohol testing in court, high-conflict parenting disputes, and sensitive family dynamics.
Need guidance? We’re here to support you.
If you are navigating parenting issues involving substance use, allegations, or court-ordered testing, reach out to our experienced family lawyers.
We will help you understand your rights and protect your relationship with your children, so you can move forward with clarity and confidence.
Contact Mincher Koeman today to book an appointment and explore your options.
