Whether it’s about Divorce, Child Custody, or another aspect of Family Law, taking care of your mental health is super important. Also, consult a Best Family Lawyer in Edmonton Alberta to know your resources.
In this blog, Kolinsky Law will try its best to educate you on the best resources and other legal considerations that might make your journey a little easier.
Mental Health in Family Law Cases
Mental health issues can significantly affect family law proceedings, including divorce, child custody, and support arrangements. Fortunately, the courts in Edmonton recognize the importance of mental health in family matters and aim to make decisions that protect the best interests of all parties involved, especially children.
Key areas where mental health may impact family law cases include:
- Child custody and parenting time
- Spousal support
- Property division
- Capacity to make decisions
Legal Framework in Edmonton
Edmonton’s family law cases are governed collectively by provincial and federal legislation. Here are the primary laws that address mental health:
- Alberta Family Law Act
- Divorce Act (federal)
- Mental Health Act (Alberta)
- Adult Guardianship and Trusteeship Act (Alberta)
These laws lay out guidelines for addressing mental health concerns in family law proceedings. They also outline the rights and responsibilities of individuals with mental health challenges.
Child Custody and Parenting Time
When deciding on Child Custody in Edmonton, courts focus on what’s best for the child. They may consider a parent’s mental health if it affects childcare. Having a mental health condition doesn’t automatically prevent a parent from getting custody or time with their child. Courts might ask for mental health assessments to better understand how a parent’s condition impacts their parenting. This helps judges make fair decisions about custody and visitation.
Spousal Support and Property Division
Mental health issues in any partner can affect decisions about spousal support and property division. For example, if a spouse’s mental health condition affects their ability to work or become self-sufficient, this determines support payments differently.
Also, if mental health issues have led to significant financial consequences during the marriage, property division decisions can be hugely impacted.
Capacity and Decision-Making
We have come across several cases where mental health challenges question one’s ability to make legal decisions. That’s why The Adult Guardianship and Trusteeship Act provides a framework for appointing guardians or trustees. This is to assist individuals who lack capacity due to mental health issues.
Resources in Edmonton
Here are some resources that may benefit individuals suffering from mental health issues in Edmonton:
- Mental Health Helpline — a 24/7 confidential service providing support, information, and referrals (1-877-303-2642).
- Edmonton Family Court Counselors — provide free short-term counseling and referrals for families involved in court proceedings.
- Legal Aid Alberta: Offers legal assistance to low-income individuals, including those with mental health challenges.
- Canadian Mental Health Association (Edmonton Region) — provides education, advocacy, and support for individuals with mental health issues.
- Family Law Office — offers legal representation and advice in family law matters, including cases involving mental health concerns.
- Psychologists’ Association of Alberta — can help locate mental health professionals for assessments or treatment.
Legal Considerations and Best Practices
We, at Kolinksly Law, recommend following legal considerations and practices while you’re going through divorce or child custody battles:
- Seek early intervention: Address mental health concerns proactively to minimize their impact on legal proceedings.
- Maintain documentation: Keep records of medical treatments, therapy sessions, and any incidents related to mental health that may be relevant to your case.
- Collaborate with professionals: Work with mental health professionals, lawyers, and court-appointed experts to ensure a comprehensive approach to your case.
- Focus on children’s best interests: Prioritize children’s well-being in all decisions and negotiations.
- Consider alternative dispute resolution: Mediation or collaborative law processes may be less stressful and more productive for individuals with mental health challenges.
- Stay informed: Familiarize yourself with your rights and responsibilities under Alberta’s family and mental health laws.
Conclusion
It’s important to sort out your mental health issues before you sort out your family law case, no matter how stressful it is. Poor mental health doesn’t only jeopardize your case (especially child custody cases) but also affects your quality of life. This is why it’s important we seek help from the Best Family Lawyers in Edmonton or therapists to make this journey as convenient as possible.