Sometimes mental health issues can make it more difficult for a parent to manage caring for a child. A better understanding of a parent’s psychological wellbeing may help the court or children’s services when deciding about a child’s care. It may also provide insight into the nature and level of any support that should be provided to the parent.
Sometimes mental health issues can make it more difficult for a parent to manage caring for a child. A better understanding of a parent’s psychological wellbeing may help the court or children’s services when deciding about a child’s care. It may also provide insight into the nature and level of any support that should be provided to the parent.
If you are experiencing issues with your relationship and you feel you need legal advice to resolve matters, contact specialist family solicitor Maria Coster of Stowe Family Law. Maria has an excellent record in family law matters as well as being involved in a number of complex cases involving issues such as domestic violence, substance misuse, and parental alienation.
Family court cases look towards psychologists to establish the extent of parents’ capabilities to meet the needs of their children. Whilst public and private family proceedings tend to have differing perspectives, psychologists are also often instructed to evaluate an individual’s capacity for change within the child’s formative years.
What is a psychological assessment?
When there are concerns about a parent’s mental health in family proceedings, the court may direct that the parent undergo a psychological assessment. It is important to be aware that the court is unlikely to accept an assessment carried out without its consent. So if you want a psychological assessment carried out on yourself to counteract allegations made by the other party, for example, you must ask the court’s permission first.
Psychological assessments generally answer three fundamental questions:
- Is there anything in how this parent is that would cause them problems or difficulties?
- What effect does this have on the child?
- What help, support or therapy does the parent need to mean their problems no longer affect the children?
Sometimes, the assessment may also include a risk assessment which guides the court in their understanding of whether or not something bad or dangerous is likely to happen in the future.
Do I have to agree to a psychological assessment?
The court does not have the power to compel someone to undergo a psychological assessment. Therefore, if an adult refuses to take part in an assessment and report, then the court may draw inferences from the refusal to engage in the process. If an assessment on a child is necessary, the court can instruct a specialist child psychologist or child psychiatrist to see the child and prepare a report, usually with the permission of all those with parental responsibility. Although if the child is in the care of the local authority, since it will have acquired de facto parental responsibility by virtue of the care order, it can agree to an assessment being carried out on the child without the parent’s agreement.
Can I ask that my ex-partner be assessed?
The court will only consider a request if there are good reasons, and one should only be made if you believe that your ex-partner’s mental health poses a real risk to the children. Psychological evaluations can delay court proceedings for months and are extremely expensive. Even if a parent has a mental health condition, it does not necessarily follow that they are incapable of parenting a child.
What should a psychological assessment include?
The psychological assessment will include one or more face-to-face meetings and may include psychological tests which are designed to identify mental illness or personality disorders. Your solicitor should make sure that the following questions are covered during the psychological assessment and subsequent report:
- Does the person being evaluated suffer from a mental illness or disorder?
- To what extent is it possible that any condition found could affect parenting ability?
- What risks does the condition carry for the children, in terms of physical risk and the potential for psychological and emotional harm or neglect?
- Is there a potential impact on the child’s development and the parent’s ability to provide consistent care?
- Is treatment/medication an option, and what treatments would the psychologist recommend?
- Is the condition manageable?
- To what extent does the psychologist believe treatment could be effective and what timescales would they view as “normal” for treatment of the condition identified?
- What support/treatment services are available?
Essentially, the longer and more in-depth the assessment, the more accurate it is likely to be. Therefore, it follows that an assessment carried out over several sessions may identify behaviour that isn’t necessarily apparent in a single appointment.
Is a psychological test the same as a psychological assessment?
Psychological tests are questionnaires designed to highlight whether the individual being assessed has thoughts or behaviours that indicate they have a clinical illness or personality disorder. The questionnaire may form part of the overall assessment and cover a wide range of topics, including attitudes on religion, sexual practices, perceptions of health, political ideas, information on family, education, and occupation. The questionnaire identifies symptoms that are exhibited by people suffering from certain forms of mental disorder.
How much do psychological assessments cost?
Psychological evaluations are costly and if you are the party being called for assessment, you can expect to pay several thousand pounds. If you are eligible for legal aid, the cost may be covered by the certificate, although your solicitor will probably need to extend its scope. If the children are represented in family proceedings by a Guardian-ad-Litem, sometimes they will share in the cost of the psychological assessment.
How do I find a suitable psychologist?
The court may recommend one or you could ask your solicitor if they have someone they can recommend. You can also look on the British Psychological Society website, which holds a list setting out qualifications, areas of expertise, and experience.
You can also check whether a psychologist is practising via the Health and Care Professions Council (HCPC) statutory register. As with any professional or expert witness, some are more suitable than others and have a better reputation. If you have a solicitor, their recommendation is important since they will have seen the quality of reports previously provided, how the psychologist stands up to cross-examination, and whether their findings tend to be ambiguous and open to challenge or precise and well founded.
The duty of a psychologist is to provide assistance to the court through their objective, unbiased opinion about matters within their expertise. This duty is owed to the court and overrides any duty to anyone who is instructing or paying the expert.
Does the judge have to accept the psychologist’s evidence?
Expert evidence is just one piece of the jigsaw that a judge needs to put together. If a judge disagrees with a court appointed expert, they must explain why the recommendation is rejected. The expert advises, but the judge decides, although it is necessary for the judge to give reasons for disagreeing with the expert’s conclusions. The judge cannot substitute their own views for the views of the expert without some evidence to support their assertions. Otherwise, it will leave the door open to an appeal.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
