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When it comes to parenting time, a Court is only to maximize or otherwise promote parenting time with a child as is consistent with the best interests of the child per the Supreme Court of Canada ruling in Barendregt v. Grebliunas 2022 SCC 22. In other words, the safety and well-being of the child come first, rather than considerations of parenting time being maximized with each parent.
But what does this mean in the case of a parent who suffers from mental health and addiction issues? Parents are not automatically barred from having parenting time with their children just because they might have such conditions.
Where a party raises the issue of a parent’s mental health or addiction as being a potential safety risk to the child, the Court has multiple options. The Court can impose conditions on the parent’s parenting time, such as a requirement they provide clean drug tests a certain number of hours before each visit. In the case of a mental health issue, a Court might craft a condition that parenting time will proceed so long as the parent provides reports from their doctor at regular intervals, verifying that they are compliant with treatment plans.
These are just a few examples of how a Court might ensure the safety of a child while they are in the care of a parent without restricting parenting time. However, if such conditions are not sufficient to address safety risks, a Court might consider the option of supervised parenting time.
Supervised parenting time is a very strong measure which Courts are reluctant to impose unless absolutely necessary. Per Karimi v. Kyron 2024 ONSC 2043, supervised parenting time is a temporary measure to resolve safety concerns or to facilitate a gradual re-introduction to a parent. The onus is on the party who is seeking an order for supervised parenting time to demonstrate that it is necessary.
When determining whether supervision is necessary, or whether other parenting time conditions are required, the Court will determine what is within the best interests of the child by considering all the factors laid out in section 24 (3) of the Ontario Children’s Law Reform Act including:
(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;
(b) the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;
(c) each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;
(d) the history of care of the child;
(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
(g) any plans for the child’s care;
(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
(i) the ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child;
(j) any family violence and its impact on, among other things,
(i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
(ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to co-operate on issues affecting the child; and
(k) any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child.
As such, the Court may look at the actual effect the parent’s condition has on the child. For example, does their condition make them inattentive to the needs of the child? Do they exhibit behaviour that would be psychologically or physically harmful to the child? Is their environment unsafe for the child (i.e. drug paraphernalia left on accessible surfaces and otherwise unhygienic conditions)?
That being said, if the only concern is that a parent had an addiction problem in the past, but has remained sober for several years, it is unlikely that this would raise the kind of safety concerns that would necessitate supervised parenting time.
In contrast, where a parent is in active addiction or has recently had mental health episodes that impact their ability to parent, a Court may be more receptive to the imposition of conditions on parenting time or even supervision.
It should be noted that it is very rare that a Court would suspend parenting time entirely due to a parent suffering from a mental health condition or addiction. Such situations generally arise where the child in question is a teenager who has expressed a strong preference not to have parenting time. Courts generally will not make parenting time orders agaisnt the views and preferences of older children, both because those views carry significant weight and the inability to enforce such orders if the child decides to breach them.
Overall, crafting parenting time orders where a parent suffers from mental illness or addiction is a highly fact-drive endeavour. For further information on how this may relate to your matter, we encourage you to seek out the advice of a licenced Family Law Practitioner.
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