PEACE TALKS - Mental Health issues and Family Separation

Family Law professionals often hear that one or both parents in a separated family are struggling with some sort of mental illness.

Family Report Writers, Psychologists and Psychiatrists  are expected to give opinions as to the likely impact of mental health issues on parenting capacity.

Family Dispute Resolution Practitioners may be faced with one parent's claims that the other presents a risk to the children and the retort is likely to not only be contradictory but to also point a finger towards the first parent's mental health.

Judicial officers often have the unenviable task of making decisions in the best interests of children when the mental health of Family Law litigants is in dispute.

Some signposts to consider in navigating these issues are:

• What is the medical / psychiatric history of both parties?
• What is the evidence, not just of any diagnoses, but also of  behaviours considered inconsistent with "good enough parenting"?
• When did the problem first emerge?
• Was the "breakdown" first noted at the time of separation (a time of high stress often associated with aberrant and "one-off" behaviours)?
• What evidence is there of concerning symptoms since separation?
• What actions has the alleged sufferer  taken to ameliorate symptoms and prevent relapse?
• To what extent was the alleged sufferer entrusted with care of children prior to separation?
• What has changed since separation?
• What is the range of possible factors motivating parties to express such concerns?