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Co-Parenting Collaboration: The Impact of Mental Health on Parenting (May is Mental Health Month)

May 6, 2025May 2, 2025

Katrina Wiegers
Lawyer

As we recognize Mental Health Awareness Month this May, it’s important to reflect on the role mental health plays in various aspects of our lives, including parenting. For parents experiencing mental health challenges, the effects on their ability to care for and nurture their children can be complex.

In the context of family law, mental health can be a significant factor when determining parenting time when the wellbeing and safety of the child are at risk. This is explored further in Co-Parenting Collaboration: The Impact of Mental Health on Parenting.

Best Interests of the Child

In family law matters, the primary consideration is always the best interest of the child. Courts carefully assess how a parent’s mental health might impact their ability to provide safe, stable, and nurturing care. However, it’s important to note that a parent’s mental illness, in itself, does not automatically disqualify them from having parenting time with their child. Unless the parent’s condition poses a direct risk of harm to the child, they are generally entitled to parenting time, although this is highly fact-dependent.

Legal Considerations around Mental Health

Courts look at several factors when determining whether a parent’s mental illness could harm their child, as outlined in cases such as Children’s Aid Society of Toronto v. R.S (YEAR). These include:

Type and Severity of the Mental Illness: Courts examine the specific condition the parent is experiencing, whether it’s episodic or chronic, and how severe it is.

Impact on Parenting: The court assesses how the illness affects the parent’s ability to care for their child, manage daily tasks, and maintain stable relationships.

Presence of Additional Risk Factors: If other stressors like substance abuse, domestic violence, or financial instability are present, these factors will also influence the court’s decision.

Ability to Manage the Condition: Courts will look at whether the parent is receiving appropriate treatment, adhering to treatment plans, and actively engaging with support systems.

Children’s Needs and Vulnerabilities: Special attention is given to the children’s needs and whether they are more susceptible to harm based on their own health or emotional wellbeing.

Case Example of Parenting Time and Mental Health

In some cases, a parent’s mental health issues may require adjustments to parenting time. For example, in Gerasimopoulos v. Sambirsky (2024),¹ a father with bipolar disorder was initially restricted to supervised visits due to a past episode while caring for his children. However, as he managed his condition and demonstrated improvement, the court acknowledged that supervision may no longer be necessary, provided there were safeguards in place. The court required a safety plan and even suggested psychoeducation for the children to help them identify warning signs of a potential episode.

Balancing Safety and Parental Rights

The case reinforced that mental health challenges should not be treated differently from other physical health conditions. If the parent is managing their illness appropriately, and with the right supports in place, they should be able to maintain a meaningful relationship with their children. However, where there is concern for safety, supervised visits or specific conditions on parenting time may be necessary.

Support and Next Steps

As we continue to raise awareness around mental health this month, it’s important to recognize its impact on all areas of life. If you are facing legal challenges related to mental health and parenting, speaking with a knowledgeable family lawyer, like those at McKenzie Lake Lawyers, can help you navigate the complexities and advocate for your children.