I am divorced and have custody of both children from my marriage. My ex-wife hid her past as a drug addict from me when we met but during our short marriage she started to use drugs again. Our marriage broke down because of her drug addiction. We divorced and I was awarded custody of the children. She was awarded visitation rights, and the children were supposed to stay with her alternate weekends . Because her condition has deteriorated she is not capable of keeping to the visitation schedule and when the children do visit her it is a disaster. She takes drugs while they are there, and her friends, who are also drug addicts, drop in all the time. The children see their mother in a pathetic state and are exposed to the world of drugs. They don’t want to visit her and beg me not to ‘force them’. Their mother says I am turning them against her. I am sure the exposure to this could cause them permanent damage if it continues. Can I take legal action to cancel or reduce the children’s contact with their mother ?
By: דיאנה שאלתיאל•Published on: 06 June, 2022Yes ! Where a father has custody over children and the mother is a drug addict there is no doubt that the children are at great risk and could suffer permanent emotional damage as a result. Where damage has been caused – or is likely to be caused in the future – the custodial parent can apply to the court for the cancellation or reduction of the non-custodial parent’s visitation rights. If a plea like that is made the court will appoint a professional (social worker) to make a report and recommendations about visitation rights should be cancelled or reduced until the mother is ‘cured’ of her drug addiction. A mechanism for the monitoring the mother’s rehabilitation will be developed and a follow-up report ordered. Visitation rights , if retained or re-introduced , are likely to be held at a special ‘communication centre’ where they will be supervised.