Court Child Experts' Experiences in Assessing Parenting Cases Involving Parental Mental Illness

Abstract

This study explores the experiences of Court Child Experts (CCEs), professionals employed by the Australian family courts, in parenting matters involving parental mental illness. Using interpretative phenomenological analysis, interviews were conducted with five senior CCEs who reflected on their assessment practices, the challenges associated with these cases, and their perceptions of how parental mental illness is understood and responded to within court proceedings. Participants described a high prevalence of mental health concerns among litigating parents and emphasised the complexity of these matters, which were often shaped by intersecting issues such as family violence, trauma and limited access to support services. Rather than focusing solely on diagnosis, CCEs assessed parenting capacity through indicators such as functioning, insight and availability of support. They also identified barriers faced by parents navigating the legal system, including stigma and difficulty engaging with legal processes. The findings highlight the important role of CCEs in providing nuanced assessments and offer insight into how mental illness is framed in family law. Recommendations include improved training for professionals, enhanced therapeutic support and attention to the structural disadvantages affecting parents with mental illness.