Discussions about mental health are becoming more widespread, and thereby gradually helping to reduce stigma, though it has not disappeared entirely. For those involved in family law matters mental health can be a significant concern, particularly when it impacts parenting disputes in legal proceedings. In this article I will be outlining some of the primary considerations of mental health and its intersection with family law in Ontario.
The Role of Mental Health in Family Law in Ontario
The question of whether a parent’s mental health history will influence decisions regarding parenting time or decision-making responsibility is a complicated and sensitive subject. Mental health issues, by themselves, do not automatically disqualify a parent from having parenting time or decision-making authority. Courts prioritize the best interests of the child, as outlined in both the federal Divorce Act and Ontario’s Children’s Law Reform Act. This analysis considers various factors, specifically including maximizing the time the child has with both parents. However, another factor to consider is each parent’s ability and willingness to meet their child’s needs. While a mental health diagnosis is not inherently a barrier to parenting, its impact on a parent’s ability to provide a stable and safe environment could be relevant. If a parent’s condition results in unpredictable, violent, or neglectful behavior, this may negatively influence a court’s decision. However, if a parent has been diagnosed and is following a treatment plan, Courts will generally endeavor to provide as much parenting time to both parties as possible, even within the family law system in Ontario where these considerations are crucial.
Separation and divorce can exacerbate existing mental health conditions or contribute to new challenges due to the emotional and financial strain involved. The breakdown of a relationship often leads to significant life changes, grief, and disruptions to routines, which can negatively impact mental well-being. Given that legal proceedings can be lengthy, it is crucial to prioritize self-care and seek support. This may involve therapy, maintaining strong social connections, and continuing with prescribed treatment plans to ensure stability. These steps are essential when navigating mental health issues during family law processes in Ontario. Consider also, discussing your struggles with your former partner. While this largely depends on your relationship with your former partner, as co-parents it is important to work with them to ensure your children’s care is always prioritized.
Court Considerations and Legal Precedents
A parent facing mental health challenges can take proactive steps to demonstrate their commitment to their child’s well-being. This includes actively participating in treatment, following medical advice, and ensuring their condition is well-managed. In some cases, the Court may order a psychological assessment to better understand a parent’s mental health and its impact on parenting within the framework of family law in Ontario.
Mental illness is widespread, with one in five Canadians experiencing a mental health issue each year.[1] Despite increased awareness, stigma persists, and some individuals hesitate to seek professional help, particularly in the context of family law disputes. A parent’s mental illness alone is not sufficient grounds to deny them custody or access to their child. The critical issue is whether the condition affects their parenting ability or poses a risk to the child. Courts have repeatedly affirmed that a diagnosis such as depression or anxiety, if well-managed, should not impact custody decisions. Indeed, even more serious conditions, such as bipolar disorder or borderline personality disorder, courts may not reduce parenting time so long as the affected parent is actively following a treatment plan. These points are reinforced by Ontario family law where the interests of the child and managing mental health are prioritized.[2]
Addressing Stigma and Litigation Tactics
Unfortunately, some parties in high-conflict cases attempt to use mental health allegations as a litigation strategy rather than out of genuine concern for a child’s well-being. Research suggests that women, in particular, are vulnerable to being unfairly labeled as “unstable” or “hysterical” in custody disputes.[3] However, these tactics can have repercussions, as judges are on the look out for such practices within the context of family law in Ontario.
The stress of family litigation can exacerbate mental health challenges, making it even more critical for parents to seek appropriate support. Engaging with medical professionals, maintaining a structured routine, and prioritizing self-care can not only benefit the individual but also demonstrate to the court a responsible approach to managing mental health. Ultimately, the goal in any family law matter should be to ensure the well-being of the child(ren) while supporting parents in navigating their own challenges, especially under the family law framework in Ontario where such considerations are paramount.
[1] Smetanin et al. (2011). The life and economic impact of major mental illnesses in Canada: 2011-2041. Prepared for the Mental Health Commission of Canada. Toronto: RiskAnalytica.
[2] Marrello v Marrello, 2016 ONSC 835 (CanLII).
[3] Suzanne Zaccour, “Crazy Women and Hysterical Mothers: The Gendered Use of Mental-Health Labels in
Custody Disputes” (2018) 31:1 Can J Fam L 57.
Written by Caidan Ubell
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