How can I support a woman to navigate mental health concerns during family court proceedings?
Women who have been subjected to intimate partner violence or have left an abusive relationship often experience high rates of anxiety, depression, post-traumatic stress disorder and trauma. Because women are exposed to multiple, frequent and sometimes unrelenting traumatic events both during the abusive relationship and after leaving, the impact on their mental health can be significant, particularly when they are involved in family court proceedings. It can be even more difficult if they do not have support or are not receiving any help to manage their emotions.
In family court proceedings, mental health concerns can become weaponized by an abuser who seeks to maintain control over the woman. For example, if a woman is diagnosed with anxiety, her ex-partner may say that she is unable to care for the children properly (i.e. she won’t be able to organize medical or dental appointments) or her anxiety prevents her from making day to day decisions for the children (i.e. getting them dressed and ready for school or picking them up or dropping them off at school). Or, if the woman has been subjected to violence in the relationship and she decides to report the abuse to the police he may claim that she’s simply doing this because she’s “crazy” or “irrational”. Labelling the woman as having a mental health illness ultimately works to discredit her allegations of violence.
A parent’s mental illness is not, on its own, a reason to deny parenting time or limit access to a child. The issue that judges wrestle with is to what extent the mental illness impacts their ability to care for their child. Judges will weigh the evidence presented to them and consider whether the person who has mental health concerns either is a competent parent regardless of the circumstances or can work towards being a competent parent for their child in the future.
Mental health claims in family court proceedings
Anyone who raises a concern about the mental health of their former partner will need to provide evidence to support their claim. This evidence could include an assessment conducted by a psychologist. A psychological evaluation and a parental capacity assessment could also be completed. It is expected that a professional will conduct these tests and be willing to submit a report and, if required, provide testimony about a person’s mental health in court.
Even if there is evidence to support a claim that one parent has mental health issues, those issues still need to be connected to how that person parents their child. If a parent is struggling with a mental health issue such as anxiety or depression, the court’s focus will be on whether they can parent their child despite the mental health issue and whether they can do this safely without any harm to the child.
In some cases, supervised access may be required to ensure that children are safe. This allows the parent and the children to interact with one another in a safe and controlled setting. If the parent is able to demonstrate consistency in their parenting time with their child, courts may facilitate increased and perhaps eventually unsupervised parenting time for the other parent.
If the woman is concerned about her partner’s mental health
If a woman is commencing a family court matter because she is concerned about her ex-partner’s mental health, it is important for her to collect as much evidence as possible on the following:
- What type of condition(s) do they have?
- How do their symptoms impact the children?
- How do their symptoms affect their parenting capacity or ability to parent?
- What steps has the parent taken to manage their mental health? (i.e. Are they taking medication or speaking with a therapist, etc.)
She can also tell the court what kind of contact between the children and their other parent she thinks would be in their best interests. It will strengthen her case if she offers some suggestions so it is clear her concerns are strictly about the children’s well-being and that she is not trying to stop the other parent from seeing the children.
If the woman is concerned her partner may allege she has a mental health issue
It is important for the woman to identify for the court any mental health issues she is dealing with. It’s always better for people to disclose any potentially problematic issues themselves as early in the case as possible.
If the mental health issues are long-standing, she can tell the court that she has been an effective parent during that time and that her partner has not had any concerns about her parenting prior to their separation. If the mental health issues are tied to the abuse, she can indicate this in her evidence. This will include providing detailed and specific information about her partner’s abuse of her and how it led to mental health challenges.
She can detail:
- The pattern of abuse (how often it happened, what may have triggered it)
- How long it has been going on
- Whether it is getting worse
- When it began to affect her mental health
- Any steps she has taken to get support (e.g. seeing a psychiatrist or psychologist)
- Any medication she is taking to manage the mental health issue
- The impact of the support and medication
- Why and how the mental health issue does not interfere with her parenting
For more information on presenting evidence, please consult the evidence section of Family Court and Beyond.
Conclusion
It is important to recognize that most people with mental health issues are perfectly competent parents. Being subjected to intimate partner violence can take a serious mental health toll on women, it does not end just because she has left her abusive partner.
The family court process can be triggering and overwhelming for anyone, so connecting her with the right support can make an impactful difference on her experiences with family law litigation.
