Unfortunately, for many years, mental health conditions have attracted an unfair stigma. We often encounter parents who worry that their depression will impact the relationship with their children and the outcome of any court proceedings.
Start the conversation
It is common for parents to worry that if they are depressed it will have a negative impact on them seeking to spend time with their children or have their children live with them. This can lead to parents hiding their mental health conditions rather than seeking appropriate support at what can be a difficult and stressful time. We advise our clients to speak to their GPs, support services, friends, family and their solicitor about any worries. Our specialist solicitors frequently deal with these matters and can help to address your concerns, making sure that the Court does not interpret your health negatively as you may fear.
The support of the Court
In my experience, a Court adopts a very pragmatic and sensitive approach. It accepts that when relationships breakdown, for whatever reason, parents will be stressed, be under pressure and that depression can be common. It is reassured that if a parent has depression, they have sought help and are compliant with any medical advice given. You need not be scared to admit that you have depression, fearing a Court will hold it against you. It will not. You should not feel that you are in a position that you cannot seek help.
It’s not just the parents
A report published earlier this year indicates that children can also be at risk of having their mental health harmed by child proceedings. We’ve previously published this article which discusses the impact of divorce on children’s mental health and some of the key ways to support children include:
- Obtaining legal advice early on.
- Ensure that the child’s school knows that you might be separating, so they can provide support and assistance. Many schools offer a THRIVE programme which gives children access to counselling and support.
- Often a child may look to family members for support – are there grandparents who could assist?
- Send a positive message to your child – let them know that despite the separation, you both still love them. Reassurance lets children know that they aren’t being forced to choose between parents.
We are mindful as a practice that going through court proceedings can be difficult. We offer a counselling service for our clients to assist them in the process and to work alongside us as we find a solution. We are committed to supporting our clients.