Web resource:	http://www.tandfonline.com
Type:	Journal Article
Title:	Madness in family law: mothers' mental health in the Australian family law system
Other Titles:	Psychiatry, psychology, and law
Authors:	McInnes, Elspeth
Keywords:	Child protection;Family law;Mental health
Year:	2014
Publisher:	Routledge
Citation:	21 (1), 2014
Notes:	This journal article explores gender differences in the way the Family Court of Australia considers mental illness as a reason for limiting parents' contact with their children. The starting point is Family Court of Australia data from children's matters heard in 2007-08 which show that, in cases where parental contact with children was limited by the Court, mental illness was the reason for 31 percent of mothers and only two percent of fathers. The author reviews literature on prevalence and patterns of mental illness and child sexual assault in Australia. She also highlights research suggesting that a mother's mental state becomes the focus of the Court's consideration when mothers make allegations of child sexual assault against the father of the child, and the father has not admitted the sexual assault or been convicted for it. The author analyses four cases to explore the Court's treatment of mental illness and child sexual assault. She observes that in these cases, assessments of a mother's 'possible mental illness' are made by a range of stakeholders, many of whom are not qualified to make a clinical diagnosis, including social workers, non-clinical psychologists, lawyers and judges. The mothers' alleged mental pathologies are then deemed by the Court to be sufficient reason to prevent the mothers in question from having care of their children. In contrast, fathers' diagnosed mental illness, acts of violence and alleged sexual abuse do not prevent their having contact with their children.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/15682
ISSN:	1321-8719
Appears in Collections:	Journal Articles

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