Parents with a mental illness can sometimes encounter difficulty in gaining child custody / child arrangements if the UK family court considers that they no longer provide adequate care for their child or if the child may be at risk of harm. With the right approach, however, it is possible for parents with mental health conditions to keep or gain custody of their child. The key is understanding the approach of the courts when making decisions on child arrangements where a child has a mental health condition that may affect the well-being of their child.
Please note: this article is intended for informational purposes only and should not be considered legal advice. If you have any questions about child maintenance, please contact our family law solicitors.
Can I lose child custody for depression and anxiety in the UK?
A parent may lose custody of their child/children if they have a diagnosis of a mental illness such as anxiety, depression, psychosis, bipolar disorder or schizophrenia, but only if there is a serious risk that the condition will affect the child’s welfare. This is because, when reaching decisions on child arrangement matters, the court is primarily concerned with the well-being and welfare of the child concerned. Before making a decision on a child custody case involving a parent with a mental health condition, the court will consider a range of factors, including the (please note, this is not an exhaustive list)
- Mental health history of the parent
- Any treatment and/or medication
- Ability of the parent to meet the child’s physical, emotional, and developmental needs
- Professional evaluation of a psychologist or psychiatrist
- Assessment of social services / Cafcass (if there are any safeguarding concerns)
The court is also duty-bound to refer to the child welfare checklist set out in the Children Act 1989 1 to assess the potential impact on the child of a parental mental health condition, as follows:
- The wishes and feelings of the child concerned (depending on the age of the child)
- The physical, emotional and educational needs of the child
- The likely effect on the child of any change in circumstances (e.g. being taken into temporary care)
- The age, sex, background and any characteristics of the child which the court considers relevant
- Any harm which the child has suffered or is at risk of suffering
- How capable each parent, and any other person the court considers relevant, is of meeting the needs of the child, and
- The range of powers available to the court
As you can see, determining whether a parental mental health condition may have a negative impact on a child requires careful consideration. As such, many factors are evaluated in relation to the parent’s mental illness and the extent of its impact on the child. The court will not make any assumptions regarding the ability of the parent to care for their child, and they will take into account any efforts being made by the parent to manage their condition. For example, if there are concerns that a parent with depression may pose a risk to the welfare of their child, the judge will seek to understand if they are making efforts to manage their condition and if they are committed to their child’s upbringing.
Tips for parents with mental health conditions to avoid losing custody
If you’re dealing with depression, anxiety, or other mental health conditions and are seeking standard child custody arrangements (such as residence or regular contact), the key is to show that your condition does not affect your ability to parent safely and responsibly.
To strengthen your position, the following may be helpful:
- Medical evidence showing your condition is stable or improving: A consistent treatment history can demonstrate that you are taking responsibility for your health.
- Evidence of good parenting: This may include your child’s regular school attendance, support for the child’s relationship with the other parent, and your positive involvement in daily routines.
- A parenting plan: Courts value a written plan that explains how you intend to meet your child’s needs and manage your condition while parenting.
Please note: this article is intended for informational purposes only and should not be considered legal advice. If you have any questions about child maintenance, please contact our family law solicitors.
Will I lose custody of my child if I have been sectioned under the Mental Health Act?
If you have been sectioned or detained under the Mental Health Act 1983, you will no longer have the legal right to make decisions for yourself. This, in turn, means in the eyes of the law, you cannot make decisions for your child. In this case, it is much less likely that you will retain custody of your child. The court may issue an Interim Care Order stating that the child’s other parent, special guardian or local authority should have custody of the child until care proceedings have been completed. If you are concerned that being sectioned may result in you losing your access to your children, speak to a family law solicitor who can explain your legal rights and options.
Reference:
1 legislation.gov.uk: Children Act 1989
