Separations and divorce are often stressful times. Whether you have been together for two years or 30 years, it can be tough on both your physical and mental health.
If there are dependent children from a marriage or common-law relationship, this only adds to the difficulties faced when parting.
Judges in British Columbia try to do everything in their power to maintain the rights of the children and both parents—and make decisions that are in the best interest of the children. However, one concern is whether the mental health status of either parent can affect custody and parenting orders.
For anyone diagnosed with a mental illness or who is suffering mental health issues during a divorce or separation, understanding your legal position in these matters is important.
It is natural for separating spouses to feel intense emotions during separation or a divorce. Feelings of sadness, anger, betrayal, frustration, and loneliness are common.
Such strong, negative emotions can have physical and mental consequences, clouding judgement and leading to rash decisions that are not in the best long-term interests of either spouse or the children.
The support of friends and family, coupled with legal support and guidance, can usually help protect well-being and navigate individuals through difficult times—but a grieving process is quite natural during this period. The grieving process can lead to anxiety, depression, and mental illness.
The five stages of grieving after a relationship breakdown are as follows:
These stages can help those suffering after a relationship breakdown to recognize the feelings they are experiencing.
People are different and may not go through every stage of grieving. Some get to the acceptance stage much quicker than others but most people will experience at least some of these stages. Those with a more positive outlook and positive people around them often get to the “Acceptance” stage quicker.
Many individuals going through a divorce or separation find that one of the best ways to look after their mental health is to improve their physical health.
There are no great secrets here. A healthy diet and regular exercise are the mainstays of better physical health but can also help release unwanted emotions and stress, aid clear thinking, and improve decision-making.
Whether you love team sports, solo pursuits like jogging or prefer classes like yoga and pilates, find what you enjoy and do it regularly.
Some people also find benefits in meditation and breathing exercises to release emotion and stress.
While judges in BC are generally sympathetic toward individuals who experience mental health problems during a divorce or separation, these issues can hinder progress toward a divorce or separation agreement. The aim after a divorce is to reach a resolution that works best for all parties concerned. The resolution address key issues such as property division, child and spousal support, and child custody.
Short-term depression or a degree of temporary emotional instability is fairly normal after divorce. However, question marks over the long-term mental health of one of the parents or partners may affect judgements in the BC courts.
The intervention of experienced divorce lawyers can assist and protect the rights of the affected parties by bringing mental health issues (and supporting evidence) to the attention of the judge.
When it comes to child custody, judges are duty-bound to protect the best interests of the children. Such matters are dealt with on a case-by-case basis. Usually, regular contact with both parents is the preference. Mental health issues would need to be professionally diagnosed and the impact assessed before a judgement can be made regarding who the child spends time with.
If the court decides that spending time with a parent who has mental health issues may harm the child, sole custody may be awarded to the other parent with visitation rights for the mentally ill parent.
If the evidence points to a short-term mental health issue, a temporary order may be issued or the court may decide that there will be no negative impact on the child and award joint custody.
Unfortunately, separation and divorce can negatively affect the mental health of the children from the relationship.
This can be difficult to diagnose as children can be adept at hiding their feelings. Observing the children’s behaviour at home, in social situations, and at school is important during a divorce or separation.
Most people consider family relationships the most important in their lives and maintaining them is a priority.
A divorce or separation can challenge this and create questions, doubts, and negative emotions. At this time, the support of family and friends is essential. Often, however, the outside support of professionals can help too.
Many people become stressed and anxious about the future during a separation. Hiring a family lawyer doesn’t necessarily mean you want a legal battle with your ex. It can help you navigate the present and prepare for the future in many ways:
If you’re facing a relationship breakdown in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer today.
At DSG Family Law, we are pleased to offer a free consultation to discuss the particulars of your family’s situation. During this no-obligation meeting, you can share your concerns and goals with one of our experienced lawyers. We understand that every family’s circumstances are unique, and we want to ensure that we can provide you with the best guidance tailored to your specific needs.
In addition to the free consultation, we also offer Flat Fees for Uncontested Divorces and agreements. This transparent pricing structure allows you to have a clear understanding of the costs involved upfront, ensuring no surprises along the way.
DSG Family Law is committed to providing you with strategic & compassionate guidance for all your family law needs, with clear solutions to complex matters.
Schedule your consultation today, and let us take the first step towards finding the best solutions for you and your family.
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