Family law disputes often arise during some of the most stressful periods of a person’s life. Issues relating to divorce, child custody, family violence matters and property settlements can trigger or worsen mental health challenges. Stress caused by these factors can be worsened by the intimidating nature of legal procedures, and thus it is extremely important to consider mental health matters in Family Law. Consequently, lawyers increasingly need to employ traumatically informed approaches to client care.
This form of client support approach includes:
- Empathy: It is important to understand and adapt to the emotional needs of clients, while maintaining professionalism. This includes approaching clients with curiosity, by not assuming you completely know their emotional experiences, and asking questions to get a better understanding of the situation. Be ready to comfort, offer practical help or encourage the client if needed.
- Normalise: Assessing client capacity without judgment, recognise that a mental health issue is an experience not a defining part of a client’s identity, building a strong referral network to support clients, such as hotlines (e.g. Lifeline, Beyond Blue), community services or specialist services such as the Mental Health Advocacy Service – Legal Aid NSW.
- Build trust: Treat clients with potential mental health issues with respect and listen actively to their concerns. Acknowledge and validate the client’s emotions, never introduce shame, annoyance or judgment. Partner with the client to look for a solution, such as by asking how they may have addressed the issue in the past as a starting point.
- Lawyers should not attempt to diagnose mental health disorders or suggest solutions that can only be provided by medical/qualified professionals. However, a solicitor can provide a list or recommend a psychologist, after which the client may take the suggestion to a GP who can then conduct an assessment and allow the client to claim a Medicare subsidy for sessions.
Given the importance of including such steps when supporting legal clients through mental health issues, increased training and flexibility for legal professionals regarding how to deal with such issues may yield positive outcomes for clients.
Further, it is important for solicitors to note that in most cases, mental health challenges such as depression, anxiety or bipolar disorder are manageable through treatment programs, consultations with doctors, taking medications and other interventions. At this stage, such challenges will not significantly influence the outcomes of family court decisions, such as in relation to child custody and parenting orders. It is only when such issues approach an unmanageable and high level that they may adversely influence legal outcomes such as limiting parenting rights.