Separation is challenging enough. When alcohol misuse is also a factor, it adds a significant layer of stress and complexity to an already difficult time.
Whether it’s causing conflict, impacting parenting, or raising serious safety concerns, the effects of alcohol on family life can be far-reaching.
At Loukas Law, we’ve supported many families navigating the legal and emotional complexities of separation when alcohol is a factor. This blog aims to offer clarity on the effect of alcohol on a family, how misuse affects separation, parenting, and safety in WA, and explores the modern support options available.
The effect of alcohol on family dynamics
Alcohol misuse isn’t always obvious. It can be a gradual build-up of unreliable behaviour, mood swings, financial strain, or neglect that erodes trust and well-being.
The impacts ripple across the family, especially children. Recent Australian data is concerning: in 2023-24, 1 in 32 children came into contact with the child protection system, with parental alcohol or drug use being a key risk factor. Furthermore, while 1 in 4 Australian children are exposed to family violence, alcohol misuse often complicates this situation.
You might feel overwhelmed or unsure if your situation is ‘bad enough’ to seek help. We want to be clear: your concerns are valid. You don’t need to wait for a crisis point to get legal clarity. The law provides pathways to ensure safety through separation, parenting orders, or other protective measures.
How alcohol misuse can impact separation and divorce
When a relationship ends, alcohol use can influence the separation process legally, practically, and emotionally.
- Delays and disruptions. Addiction or unreliable behaviour can make negotiating settlements or parenting plans difficult and unproductive.
- Imbalance of power. Family violence can make you feel intimidated or manipulated, which makes reaching fair agreements alone harder.
- Concerns for children. Alcohol use is highly relevant when assessing what arrangements are safe and in the best interests of children, which is the Family Court’s paramount concern.
Alcohol misuse alone isn’t automatic grounds to limit a parent’s time with children, but it forms part of the broader picture the Court considers.
Alcohol and parenting arrangements in WA
Under the Family Law Act 1975, the Court (or ‘parents’) must make all parenting decisions in the best interests of the child. In WA, the Family Court may consider factors like:
- The child’s safety and emotional well-being
- The ability of each parent to provide a stable and supportive environment
- Any history of family violence or substance misuse
- The impact of ongoing conflict or exposure to harmful behaviour
If alcohol affects a parent’s capacity to care for their child or causes safety concerns, this may influence whether supervised time or parenting orders are necessary.
A pattern of drinking will increase concern. An alcohol use disorder, binge drinking, or consistent exposure to alcohol in the home can lead to greater Court scrutiny when deciding what is safe for children.
Family violence and alcohol: understanding the link
Alcohol does not cause family violence, but it can make it more severe or unpredictable. In our experience, it is often a contributing factor in matters involving emotional abuse, controlling behaviour, or physical harm.
WA’s family law system treats these cases with urgency. Your safety and your children’s safety are the highest priority. You may be eligible for a Family Violence Restraining Order (FVRO) if you are at risk. These orders can:
- Prevent the person from coming near you or your home
- Restrict contact or communication
- Include children on the order if their safety is also at risk
It’s important to know that you are not alone. Seeking legal guidance early can help you understand your options and put protections in place.
Technology that supports safe parenting: alcohol monitoring solutions
In parenting cases involving alcohol misuse, the biggest concern is trust. How can you be sure your child is safe with a parent whose sobriety is a concern?
At Loukas Law, we are proud to be one of the leading WA firms integrating remote alcohol monitoring technology like Soberlink into parenting agreements. It’s a modern solution to protect children and rebuild trust.
Soberlink is a professional-grade remote breathalyser device. Unlike periodic lab tests, it provides real-time proof of sobriety, helping to ensure a parent is sober during their parenting time.
How Soberlink works to protect children:
- Real-Time, Verified Testing: The device prompts the user for a test at scheduled times and uses facial recognition to confirm their identity.
- Instant Alerts: The system instantly sends results, including missed or non-compliant tests, to the other parent or an agreed-upon party.
- Tamper Detection: The technology detects and flags tampering, ensuring reliable results.
- Court-Admissible Reports: The system generates clear reports for the Family Court as evidence of compliance.
The benefit is clear: it replaces accusation with objective data. Studies show that with such monitoring, most monitored days are sober days.
This technology creates accountability, gives the concerned parent peace of mind, and allows the monitored parent to prove their sobriety. It’s often a practical alternative to costly supervised visitation.
Navigating disputes around alcohol: how mediation and collaboration can help
Not every separation involving alcohol needs to end up in court. Many families reach agreements through non-court pathways:
- Mediation: A neutral third party helps parents discuss concerns and reach agreements. This can be effective if both parties are committed to a solution.
- Collaborative practice: This team-based approach provides each person with their own lawyer and can bring in specialists like counsellors to support a resolution.
These processes allow families to address alcohol concerns in a supportive setting, focusing on long-term solutions.
Property and financial considerations
Alcohol misuse can also have financial impacts, like job loss, depleted savings, or debt. When separating, it’s important to identify how this has affected joint finances.
The Family Court considers contributions, needs, and earning capacity when dividing property. Spousal maintenance may be a factor if alcohol has significantly impacted one party’s financial stability, assessed case-by-case basis.
Even in difficult circumstances, you have the right to a fair settlement. We provide legal support to handle all financial matters transparently and equitably
Guiding you through the next steps with care and clarity
If you are seeing the effects of alcohol on your family, it’s important to know you have options. Whether you’re worried about your child’s safety, parenting negotiations, or your financial future, we’re here to support you.
At Loukas Law, we guide people through complex situations. We’ll listen, connect you with services (like Soberlink, if needed), and guide you with care and clarity.
You don’t need to go through this alone. Reach out to speak with someone who understands and can help you plan your next step.