Mental Health Week: Navigating Child Law Proceedings with Care (14 May 2025)

Family law proceedings, particularly those involving children, are inherently stressful due to the very nature of these proceedings. The breakdown of relationships, custody of children, and care proceedings can often stem from serious concerns of domestic abuse, sexual abuse, and neglect amongst others, which will have an impact on the whole family.

In recognition of mental health awareness week from 12^th to 18^th May 2025, it is important to acknowledge the significant emotional and psychological toll family law proceedings can have on parents, and family members alike.

Effects of Family Law proceedings on mental health

Family law proceedings can affect ones mental health in a number of ways:

• The uncertainty and high stakes involved can cause significant stress and anxiety or exacerbate existing mental health conditions
• The potential loss of parental rights, feelings of hopelessness and relationship breakdowns can cause low mood
• Due to the adversarial nature of proceedings, individuals may experience a range of emotions including anger, fear and worry
• Legal fees and potential changes in financial circumstances when going through a divorce can add additional stress and worry
• Distressing circumstances can lead to breakdowns or secondary trauma where an individual has been through similar experiences in the past
• Lengthy court timelines which can cause fatigue and burnout

How the legal sector is supporting individuals

The legal system is increasingly recognising how stress-inducing family law proceedings are, offering a range of measures to support vulnerable clients:

• Special measures in court, such as separate waiting areas, frequent breaks, or remote attendance where a client is vulnerable or a victim of abuse
• Referrals and signposting by courts and legal professionals to GPs or mental health support services
• Psychological or psychiatric assessments ordered by the court, with recommendations for therapy or treatment when necessary
• Cafcass (Children and Family Court Advisory and Support Service) considers the mental health needs of both parents and children when making recommendations to the court and is aware that parents can be negatively impacted by the proceedings and impact the way they present
• Legal aid is available in cases involving domestic abuse or child protection, helping vulnerable individuals access legal representation
• Trauma-informed legal practices are becoming more widespread, with solicitors and barristers receiving training to better understand and respond to mental health challenges
• Family Drug and Alcohol Courts (FDAC) are becoming more popular in relation to care proceedings for parents struggling with substance misuse. These courts offer a problem solving approach by recognising that mental health illnesses are linked to substance misuse and helps overcome these challenges.

How to maintain and improve your mental health

Improving your mental health isn’t always easy—especially as it can fluctuate over time. During stressful court proceedings, it's understandable that your wellbeing might not feel like a priority. However, overlooking your mental health can impact your ability to fully engage and participate in the legal process.

There are different ways you can improve your mental health such as:

• Organisations and charities such as Mind, Rethink Mental Illness, Family Lives and Samaritans who can listen, provide support and advice
• Making an appointment with the GP as they can make referrals, suggest appropriate treatment and provide medication
• Keeping busy and surrounding yourself with family and friends will ensure you are not thinking about proceedings all day. Having someone you trust by your side throughout proceedings may help you feel less anxious.
• If you have solicitors, let them know if you’re struggling as they may be able to tailor meetings and appointments to suit your needs. They can signpost you to the appropriate organisations and in some cases, request special measures in court. Proceedings can be confusing or difficult to understand so asking your solicitor questions and taking notes in court may ease your mind.

The importance of managing mental health

In proceedings concerning children, the courts paramount consideration is the welfare of the child. Therefore the Courts are likely to consider a parent’s mental health when assessing parental capacity, considering contact or custody arrangements, and evaluating risks to the child.

Maintaining mental health and demonstrating engagement with treatment or support can positively affect how the court views a parent’s stability and reliability. Looking after your mental health is not a weakness – it’s a strength! It shows you are taking responsibility to provide a stable environment for your child.

Your wellbeing is connected to your child’s wellbeing. A parent who is taking care of their mental health can help reduce the emotional impact of proceedings on the child, model healthy coping strategies and demonstrate a commitment to the child’s welfare.

As we observe Mental Health Awareness Week, it's important to remember how vital it is to look after your mental wellbeing—especially when going through the emotional challenges of family law proceedings. For support, visit Mind, which offers a dedicated page on parenting and mental health, including helpful resources and organisations that can provide guidance during difficult times:

Mind: Parenting and mental health.

About the Author:

Saima Rahim is a Caseworker in the Child Care department at Duncan Lewis Solicitors, based in the Luton office where she works alongside a team of caseworkers, trainees and solicitors under the supervision of solicitor Natasha Patel and director Krina Parmar. Her role involves assisting the team with the day-to-day case progression across a wide scope of public and private children cases. Saima joined the firm in September 2024 after passing my Solicitors Qualifying Exams (SQE) in August.

For advice or assistance on a Child Care Law matter, contact Saima today at SaimaR@duncanlewis.com, or by telephone at 02072752566.

Duncan Lewis Solicitors

Duncan Lewis is renowned for its exceptional legal services and commitment to justice. The company employs a team of highly skilled solicitors offering top-tier representation in 25 fields of law, and ranked as top tier by the Chambers and Partners and the Legal 500 legal guides, and as one of the top 250 law firms in the country by the Times. We were most recently crowned Law Firm of the Year at the prestigious LexisNexis awards 2024.