Judges’ views on making decisions in family law cases that feature a parent with a mental illness

This study explores the complexities and challenges Australian judges face when making decisions in Family Court cases involving parents with a mental illness under the Family Law Act Citation1975 (Cth). Within an Interpretative Phenomenological Analysis framework, interviews were conducted with six Australian family court judges. Findings highlight the primary focus on child safety, the intricate interplay of mental illness, substance abuse and family violence, and the critical role of evidence from mental health professionals. The results underscore the need for accessible mental health treatment, robust support systems and evidence-based assessments, as well as efforts to address barriers such as stigma and affordability that hinder parents' access to care. The findings of this study suggest that further research on parental mental illness in family law cases would be beneficial for both professionals and users of the family law system.