This week is Children’s Mental Health Week.
1 in 10 children and young people are affected by mental ill health
75 percent of mental ill health in adults has an origin in childhood
These statistics are frightening; particularly post-pandemic when it is so difficult, given the explosion in demand, to access specialist mental health support for children and young people.
Divorce and relationship breakdown, domestic abuse, changes in living, schooling and child care arrangements, and financial pressures not only create stresses for the adults involved, but inevitably affect children too.
However, if this process is managed well with appropriate support, the risks of permanent trauma can be minimised.
The children of today are the adults of tomorrow. Parents and adults are role models on how to conduct healthy relationships, and how to deal with conflict and transition. This may of course be very difficult where there is a history of domestic abuse, or other safeguarding concerns including parental mental ill health or addiction.
Some parents find it particularly difficult and challenging to co-parent their children during and after relationship breakdown. The Family Team at Birketts is able to assist and advise parents, and where relevant other family members, about putting in place child arrangements that are in the best interests of the child/ren.
The court does not need to be involved, and indeed arrangements made between parents (rather than imposed by the court) tend to be the most successful. Every family is different and there is no ‘one size fits all’. In addition, arrangements are likely to need to be dynamic as children get older, and if parents have good lines of communication, this will benefit the child/ren particularly once they reach puberty. A court order cannot micromanage every aspect of a child/ren’s life to being an adult.
Our Family Team can advise and provide resources about how to reach an agreement with the other parent. This might involve setting out the arrangements in a parenting plan, agreeing that the parents attend co-parenting workshops, and involving professional support (including family therapy) to aid the transition.
If parents cannot reach an agreement with each other directly, then alternative dispute resolution (ADR) may be used rather than immediately making an application to the court. These could be mediation, or arbitration. Depending on the age of any child/ren, their wishes and feelings may be sought in ADR. However, professionals need to be careful to be alive to the likely origin of their views, ensuring that children do not feel under emotional and psychological pressure to make decisions that ought to be made by adults, whilst ensuring that children feel acknowledged and listened to.
If a court application has to be made our team will advise and guide clients to ensure that appropriate and timely applications are made in respect of the child arrangements, and where parents cannot reach an agreement about children receiving mental health support, apply for the court to make this decision.
Our team conduct matters in accordance with the Resolution Code of Conduct and therefore aims for a non-confrontational and constructive approach. The court process is adversarial in structure, but the focus remains on what is in a child/ren’s best interests. Our Team will try to guide you to make decisions that will benefit and be in the best interests of your children – in the short, medium and long term. We have a wealth of experience dealing with mental health and will do our best to support you and your family through what will inevitably be a stressful period.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at February 2023.