It seems as if everyone thinks that their ex-partner is “crazy.” But what if there is a legitimate concern for their safety and the safety of those around them?
What if the family has mental health issues, and the child is not being supported? If there are concerns about a party’s mental health, a mental health evaluation can be ordered by a judge. However, mental health-related issues must be relevant to the proceedings.
When are Mental Health Evaluations Relevant to a Family Law Case?
For something to be relevant, it needs to have some legal significance to the goings-on of the case. So, for example, the license plate number of someone’s vehicle might not be relevant to someone’s credibility, but it would be relevant in identifying a speeder.
In family law, mental health evaluations are less likely to be allowed in divorce cases that do not involve children. That is because mental health issues are rarely relevant to property division, which is usually at issue in a divorce without children. That being said, it could still be relevant depending on the situation, for example, if an order of protection is involved or if the opposing party’s mental health affects their ability to manage finances or seek adequate employment to support themself.
It may be necessary in cases where children are involved, assuming the court has a reason to consider someone’s mental health, or “good cause.” So, for example, a parent with a minor depression may not be required to undergo a mental health evaluation, so long as there is no question about the impact that minor case of depression has on the person’s ability to parent their child. Conversely, someone with a debilitating illness who can barely care for themselves will likely be asked for an assessment.
4 Common Questions About Mental Health Evaluations
1. How Will the Evaluation Affect Parental Responsibility or Parenting Time?
That depends on the severity of the result. People with manageable mental health conditions still have children, and having mental health issues is insufficient to remove the child from someone’s care. The evaluation may change how the “best interest of the child” standard weighs against the parent. If one parent’s condition is bad enough that they are not able to care for the needs of the child, or, even worse, if they are causing harm to the child due to their condition, for example, as someone with something such as Munchausen by proxy (now referred to as “Factitious Disorder Imposed on Another” – FDIA), then it might be that the court will limit the access that that parent has with the child as a result of the mental health evaluation.
2. How Do I Request an Evaluation in My Case?
A motion may be filed and heard requesting the Court grant a mental health evaluation. If the judge thinks there is good cause for an evaluation, he will enter an order approving the assessment and appointing a specific evaluator as well as the scope of the evaluation. It is important to note that the person who requests a mental health evaluation will be responsible for all costs related to obtaining the same, including, but not limited to, the cost of the evaluation itself, the cost of missed wages by the party submitting to the mental health evaluation or the cost of transportation for the person who is obtaining the mental health evaluation, in some scenarios.
3. What About Doctor-Patient Privilege?
Disclosing someone’s mental health status and medical information is deeply personal, and, as a result, the Court takes requests such as these seriously. Typically, mental health information isn’t even obtainable via discovery without a court order granting the release of same, and only after the person whose mental health is in question has somehow made their mental health relevant in the litigation. Usually, if these records are going to be allowed to be disclosed, they are subject to a protective order by the Court and the dissemination of said records is limited or prohibited. The mental health evaluation would not be subject to a physician or doctor-patient privilege, though the Court may place limitations on how the report can be used and whether or not it can be disclosed in the future, and to whom.
4. Can I Object to an Evaluation?
Yes, but it can be overruled or ordered against the objections. However, in the event the Court orders it over a party’s objection, it must be complied with, otherwise, if an order is not complied with, there is a risk of the court ordering sanctions, which could include the payment of the opposing party’s legal fees, and in some circumstances, even incarceration.
That being said, the request for mental health evaluations should be early in the case and is less likely to be approved if it is too close to trial. It might prejudice the party being evaluated if, due to time constraints, they cannot subpoena or cross the physician who did the evaluation.
604.10(b) Evaluations versus Mental Health Evaluations
Courts more often will order a 604.10(b) evaluator in cases involving parties in dispute who have minor children. The primary purpose of these evaluations is to determine what sort of allocation of parenting time and parental responsibilities is appropriate for minor children in a particular family. While the evaluator does some testing on the parties, they do not diagnose them with any mental illness. They can suggest, based on test results, that parties have certain personality traits, but there is no formal diagnosis. A mental health evaluation may have a diagnosis in it, specifically, and it is usually only on one person and not both parties.
Talk to a Chicago Family Law Attorney
If you have questions about divorce, child custody or any other family law related matter, Anderson Boback & Marshall can help. Schedule your consultation today to speak with one of our skilled family law attorneys to get answers to your questions, including if a mental health evaluation is appropriate.