When Mental Health Becomes a Childcare Issue

The case of Allyson McConnell (read about her case here), the woman who was convicted in Alberta of drowning her two young sons in her bathtub, highlights the challenges faced in divorce when one party suffers from mental illness. In cases where there is a concern about a person's capacity to care for children due to mental illness, there are tools available to assess and examine fitness to parent. If the applying person can demonstrate that there is a genuine concern, their lawyer can demand medical records relating to the issue and request a custody and access report be issued by a qualified professional, who will review records, interview the parties and the children, and make recommendations for a parenting plan that addresses concerns respecting safety and care of the children.

The challenge with these expert reports is cost: these reports can cost upwards of $10,000. There are alternatives to using these reports, so if you are on a more limited budget, ask your lawyer to discuss how you can ensure that these concerns are raised and addressed. Where there is an established foundation of a risk to the children's safety, using paid or family supervisors during access can be a way to alleviate concerns until the health issues are adequately addressed.