Of concern to many who suffer from mental health issues is the worry that they will come to the attention of their ex or social services and ultimately lose custody of their children. Sometimes this is a real consideration, particularly if a parent is suffering from severe or chronic problems.
Of concern to many who suffer from mental health issues is the worry that they will come to the attention of their ex or social services and ultimately lose custody of their children. Sometimes this is a real consideration, particularly if a parent is suffering from severe or chronic problems.
If you have a family law issue and you are concerned that you may require legal advice to understand your options, contact specialist family law solicitor Joanne Major. Joanne is the founder of her specialist family law firm and has spent her 25-year legal career specialising in family and matrimonial cases.
In the past, someone who was suffering from a mental health condition was at an increased risk of having their children removed from their care. However, since the 1990s and the introduction of disability rights laws, mental health is now recognised as a disability. This means that the court should never allow a child to be removed simply because the parent has mental health difficulties. Although, the parent’s condition may pose a risk or cause the child harm, in which case it will be factored in.
What mental health conditions can be considered a risk?
Most parents with mental health disorders can perfectly manage their condition and minimise its impact on their children. But there may be occasions when it does affect their ability to cope with family life. Many of the following conditions, depending on the severity of illness, may mean that the parent concerned is unable to either adequately care for their child or, at the most severe end, pose a risk their safety. These may include, but are not limited to:
- Anxiety disorders
- Behavioural issues
- Bipolar affective disorder
- Chronic depression
- Dissociative disorders
- Paranoia
- Psychosis
- Schizophrenia
When a parent gets sectioned under the Mental Health Act 1983, it means that they can no longer make decisions for themselves or their child. Children’s services may therefore make a court application for an Interim Care Order which allows the local authority to share parental responsibility with the parents and decide for parents who are unwell. If children are removed, it is not necessarily the case that they will end up in care. Other placements with family members will be considered first. Foster care is generally viewed as the last resort and will only be used if no alternative is available.
What do social services need to show the court to remove a child because of a mental health condition?
Children’s services would need to file evidence with the court that shows one or more of the following situations:
- The mental health difficulties of the parent are so severe that they cannot safely look after their child, even with the assistance or supervision of family members and/or the support of professional agencies. And that the parent is likely to suffer these issues for the foreseeable future.
- The parent is not engaging with mental health treatment or children’s services support to enable them to safely look after their children.
- The mental health issues of a pregnant woman involve a lifestyle that is so chaotic, unpredictable, or risky that it is reasonable to believe that the baby, when born, would be exposed to an unacceptable level of risk.
How are mental health allegations assessed in child arrangement applications?
If concerns are raised by one parent about the other’s mental health, the court will consider the seriousness of the allegations and their relevance to the proceedings before the court. Once they have begun, a judge can order the following assessments of the parent with the alleged mental health condition:
- CAFCASS report – an officer is appointed to investigate the allegations and provide a report including recommendations. Although the court does not have to follow the recommendations, if they go against them, the judge must provide written reasons for their dissenting opinion.
- Social services (children’s services) report – this is referred to as a section 7 report and can be order if there is existing social services involvement with a family or safeguarding concerns.
- Psychologist/psychiatrist report – if the adult refuses to participate in an assessment and report, then the judge cannot order them to do so. Although the court can draw inferences from the refusal to engage in the process.
What evidence do I need to demonstrate my ex’s mental health is affecting the children?
Any concerns surrounding a parent’s mental health difficulties need to be at a high level, and may involve the children not being safe when being cared for by the parent in question. Some children may withdraw into themselves, become anxious, or find it hard to concentrate on their school work. Or they may find it difficult to talk about the parent’s condition, or worry that it is their fault.
In such cases, evidence may be gathered from the child’s school/teacher, their GP, or other services providing support. Although the information they can provide will be restricted to the child, as the parent’s data will be confidential. You may decide to apply for a child arrangements order, in which case, the judge may order certain reports, as discussed above. In all cases, the child’s welfare is paramount and will form the basis of any decision. The court will also take into consideration the welfare checklist as contained in The Children Act 1989, which takes into account, amongst other things, any harm which the child is at risk of suffering, and how capable each parent is of meeting their needs.
I have a personality disorder; can children’s services take my children away?
Because personality disorder is a contentious and disputed diagnosis amongst mental health professionals, and one which can have a multitude of meanings, most people find that most mental health services struggle to provide the right help. Many with personality disorders manage well as parents, whilst others struggle with relationships and emotions. Before removing children from a parent with personality disorder, the court must ensure that everything possible has been done to help and support the parent.
What factors can reduce the risk to a child from a parent’s mental disorder?
The following factors may reduce the risk to child’s wellbeing resulting from a parent’s mental condition include, but are not limited to:
- Parents and carers who acknowledge their issues and are willing to accept support from agencies and organisations
- Relatives or friends who can care for the children and help with household chores when needed
- Families receiving support from other professionals who can monitor the situation and share concerns, for example, teachers or a GP
- Children having a trusted adult they can ask for help when needed.
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