An impaired driving charge in Ontario can severely impact your parenting time and decision-making responsibility. Family courts may immediately suspend your driving privileges with the children and order supervised visits to ensure the child’s safety while the criminal charge is pending.
Making a mistake like driving under the influence carries severe criminal penalties in Canada, but for separated or divorcing parents in cities like Toronto, Brampton, or Ottawa, the family law consequences are often just as devastating. The Superior Court of Justice prioritizes the safety and well-being of the child above all else. When a parent is charged with impaired driving (commonly referred to as a DUI), it sends a massive red flag to the family court system about that parent’s judgment and potential substance misuse issues.
In Ontario, a criminal charge for impaired drivingāwhether prosecuted as a summary conviction or a more serious indictable offenceāwill immediately be used by your ex-partner’s lawyer to challenge your fitness to parent. ⚠ Even if your children were not in the vehicle at the time of the arrest, the court may view the charge as evidence of a broader, dangerous lifestyle. Navigating this situation requires a coordinated defence between a criminal lawyer and a family lawyer to prevent you from losing your parenting time indefinitely.
Step-by-Step Process of How Impaired Driving Affects Parenting Time
If you or your ex-partner receives an impaired driving charge, the family court dynamics will shift rapidly. Here is how the process generally unfolds within the Ontario justice system when criminal and family law intersect.
Step 1: The Immediate Suspension of Driving Rights
Under Ontario’s Highway Traffic Act, a criminal impaired driving charge triggers an automatic 90-day administrative driver’s licence suspension. 🚫 This immediate suspension creates a massive logistical problem for your parenting schedule. You will no longer be legally able to drive your children to school, extracurricular activities, or facilitate the weekend drop-offs. If your parenting plan relies on you doing the driving, you must quickly make alternative arrangements (like hiring taxis, using public transit, or relying on family) to fulfill your parenting obligations.
Step 2: The Emergency Family Court Motion
Your ex-partner will likely find out about the charge very quickly. It is highly common for the other parent to file an urgent motion at the family court, seeking to suspend or alter your parenting time. They will argue that the impaired driving charge is proof of a substance abuse issue and that the children are at risk in your care. At this stage, full transparency with your family lawyer is critical; hiding the criminal charge from the family court will severely damage your credibility with the judge.
Step 3: Implementing Supervised Parenting Time
If the judge believes there is a legitimate safety concern, they will not usually sever contact entirely, but they may order supervised parenting time. 👨👧 This means you will only be allowed to see your children in the presence of an approved third party. This could be a mutually agreed-upon grandparent, or it could take place at a formal Supervised Access Centre run by the Ministry of the Attorney General. The court may also explicitly write an order stating you are permanently banned from operating a vehicle with the children inside until further notice.
Step 4: Completing Rehabilitative Steps
To win back your unsupervised parenting time and decision-making responsibility, you must prove to the family court that you are safe. This often involves voluntarily enrolling in rehabilitative programs. Your lawyer may advise you to attend substance abuse counselling, submit to random alcohol or drug testing (using tools like Soberlink), and complete the mandatory “Back on Track” remedial program required by the Ministry of Transportation. Documenting these proactive steps shows the family judge that you take the issue seriously.
How Much Does it Cost in Ontario?
Fighting a legal battle on two frontsācriminal and familyāis extremely expensive. 💵 Here is a breakdown of the typical costs you can expect to face in Ontario:
- Criminal Defence Lawyer: Retaining a lawyer to fight an impaired driving charge typically ranges from $3,000 CAD to $10,000+ CAD, depending on if it goes to trial.
- Family Lawyer Fees: Defending an urgent motion to restrict your parenting time will cost between $350 CAD and $700 CAD per hour.
- Supervised Access Centre: If ordered to a government-funded centre, fees are income-based but generally range from $50 CAD to $150 CAD per visit.
- Ignition Interlock Device: If convicted, installing a mandatory breathalyzer in your car to drive again costs roughly $1,500 CAD per year in installation and monitoring fees.
How Long Does the Process Take?
An impaired driving charge creates a long shadow over your family law case. The criminal trial process itself can take 1 to 2 years to conclude. In the family court system, an emergency motion to restrict your parenting time can be heard within 2 to 4 weeks. If you are placed on supervised access, you can expect to remain on that restricted schedule for 6 to 12 months, or until you can prove consistent sobriety and completion of rehabilitative programs.
Criminal Charge vs. Family Court Consequence
| Criminal / Highway Consequence | Direct Impact on Family Court |
|---|---|
| 90-Day Licence Suspension | Inability to facilitate custody drop-offs or drive kids to school. |
| Bail Conditions (No Alcohol) | Ex-partner may use any breach of bail to demand supervised access. |
| Criminal Conviction Record | Permanent strike against your credibility in decision-making responsibility disputes. |
Frequently Asked Questions (FAQ)
Will I completely lose custody of my kids if I get an impaired charge?
Not necessarily. Ontario family courts believe it is in the child’s best interest to have a relationship with both parents. While you may lose unsupervised parenting time temporarily, taking rehabilitative steps can help you restore a normal schedule over time.
What if the children were in the car when I was arrested?
This is considered a severe aggravating factor. The police will almost certainly contact the Children’s Aid Society (CAS), and the family court judge will view this as placing the children in imminent danger, likely resulting in immediate and strict supervised access.
Can I hide the DUI charge from my ex-partner?
It is nearly impossible, and highly ill-advised. Criminal charges are public record, and if your ex finds out you hid it, the family court judge will view you as deceptive, which will severely damage your case for retaining decision-making responsibility.
Can my ex demand random drug or alcohol testing?
Yes. If there is a documented history of substance misuse or a recent impaired driving charge, your ex’s lawyer can ask the judge to order you to submit to random urine tests, hair follicle tests, or use a breathalyzer before and during your parenting time.
Leave a Reply