WA Ex with Mental Health Issues - What to Expect?

[teflongirl]

Hi,

Currently in Family Court and it's dragged on. It's been some 18 months now and so it's going to trial.I'd like to know if there is a thread or answer about what to expect as the other party has mental health issues.

The child is domiciled with the parent with mental health issues and I just want to know what I can expect by going to trial. The other party refuses to mediate or negotiate.

 

[Cairnsdad]

Hi tg,

My assumption is that it would depend on who has diagnosed that your ex has mental health issues. If it is you observing him over the period then I doubt the Judge will give it any consideration. Every person who has ever been to FC would likely say their ex had mental health issues

If it is a clinical diagnoses such as he has been hospitalised than likely he would need to provide some evidence he is capable of caring for yours/his child which he could do by a statement or testimony by a recognised court shrink. Given though you have indicated that your child already lives with him than I am not sure how much credence the Judge will give your claim he has mental health issues.

The thing with mental health now is that we all suffer from it to a degree going through something as stressful as FC proceedings. They could probably write several new chapters in medical journals about how mentally messed up my ex was during that time but I acknowledge now looking back that I also suffered depression due to the process and the time it took so I also had mental health issues.

Cheers

 

[MartyK]

There are too many variables when it comes to mental heath. Without knowing if they are impacting the other parents ability to care for the child, if they are well treated and managed, what, if any, evidence is already on file and what, if any, dangers have been raised that may be significant, then it is almost impossible to say how this will be viewed. At this late stage.

Good luck

 

[teflongirl]

There are quite a few subpoenaed medical records. Documented suicide attempts. Single expert also acknowledged mental illness. What my issue is getting some form increased access. Also Im really pissed off with having to go to trial to get that happening. Im thinking they are just playing the system and all of a sudden at the eleventh hour they will be prepared to negotiate. Thoughts? And is this normal when dealing with people with a mental illness?

 

[MartyK]

What did the family report writer recommend?

 

[AllForHer]

There are quite a few subpoenaed medical records. Documented suicide attempts. Single expert also acknowledged mental illness. What my issue is getting some form increased access. Also Im really pissed off with having to go to trial to get that happening. Im thinking they are just playing the system and all of a sudden at the eleventh hour they will be prepared to negotiate. Thoughts? And is this normal when dealing with people with a mental illness?

Is it normal when dealing with people with a mental illness to negotiate at the 11th hour? My friend, it's normal when dealing with people in Family Court. It's quantifiably abnormal for negotiations not to take place close to, or on the day of trial, and that's regardless of mental health.

Mental health is a blanket term. It's the detail the Court will be interested in - what condition is it? Does it affect parenting capacity? Does the affected acknowledge they have a condition? What have the experts said about it? Are they seeking treatment?

The Court will also likely gauge how serious the other parent thinks the mental illness is by what kind of orders they are seeking. For example, it doesn't make sense for one to argue the other has a mental health condition that endangers the kids, but only seeks four or five nights a fortnight with them, rather than residency, right?

 

[teflongirl]

The other party sees a clin psych twice a week and a psychiatrist once a month. Takes all their medications. The other party has the child 100% of the time. Single expert says its OK. Im trying to go for increased access. I'm just perturbed that we have to go to trial instead of mediation.

 

[teflongirl]

Single expert recommended increased access but the other party wont budge, not even the ICL can get them to budge.