I still remember sitting in the car after my first court hearing, hands shaking and mind racing. The weight of custody decisions felt unbearable, and the stress of trying to be both a strong mum and a calm parent left me drained. If you’re in the same place, you’re not alone. Understanding custody and mental health in Australia is about more than family law and parenting orders — it’s about the very real toll the process takes on your wellbeing.

But there are supportive steps you can take to protect your mental wellbeing and keep your kids at the centre. With the right support and small everyday habits, you can feel a little steadier and calmer along the way.

Family law: Understanding custody and mental health in Australia 

Custody in Australia is guided by family law, which focuses on the best interests of the child. When making parenting orders, the family court of Australia has to consider many factors — including whether a parent has a mental health condition and how it may impact on the child’s care.

It’s important to know that suffering from a mental illness doesn’t automatically mean you’ll lose custody. Courts may assess whether the condition negatively impacts the children or affects your capacity to care for them. The court’s paramount consideration is always the child’s best interests, including their right to a meaningful relationship with both parents and the need to protect them from harm.

Still, the process can bring its own hidden stress — the worry about how things will turn out, the fear of conflict, and trying to juggle your kids’ needs while looking after your own wellbeing. Parenting disputes can feel like they drag on forever, but getting a clear handle on custody and mental health in Australia is a powerful first step to easing the strain.

Beyond parenting orders: How child custody battles affect mental health

It’s no surprise that parenting proceedings can affect your mental health. Many parents report anxiety, sleepless nights, and financial stress that can even lead to mental disorders at some point. 

Feeling stretched thin is not a sign of weakness — it’s a natural response to a difficult situation. Parents suffering from mental illnesses may be required by the courts to provide evidence from a health professional, psychiatrist, or independent expert. These assessments are designed to safeguard the kids’ well-being, not to punish parents.

If a parent’s mental illness affects their parenting capacity, the court may make orders or place conditions such as supervised contact or orders requiring ongoing treatment. While this may feel confronting, it’s ultimately about ensuring the children’s best interests are met while recognising a parent’s ability to recover and continue to take care of the children responsibly.

Understanding custody and mental health in Australia: Support services

You don’t need to go through custody issues on your own. There are support services for custody and mental health in Australia that can lighten the load:

• Free counselling hotlines – Beyond Blue (1300 22 4636), Lifeline (13 11 14)
• Affordable therapy options – Medicare’s mental health plan through your general physician can reduce the costs of sessions with a psychologist or counsellor
• Legal support for Australian single parents – Legal Aid, Relationships Australia, and community family lawyers offer guidance on parenting arrangements and family law proceedings
• Parenting support programs – Parents may seek services like Family Relationship Centres, which provide mediation and workshops

These services may include legal advice and resources to help you lessen stress. Connecting with them early can reduce the risk of harm caused by isolation and ensure you’re a responsible parent with the right tools to move forward.

Legal advice and support for parents with mental illness

Legal guidance and mental health support during custody cases can (and should) go hand in hand. Seeking legal advice from family lawyers ensures you understand your rights, your parenting capacity, and the court’s expectations. Pairing this with counselling or therapy helps you manage the emotional strain.

Here are some practical steps I’ve found helpful:

• Write down questions before you see your lawyer so nothing gets missed.
• Book therapy sessions around hearings to process emotions before and after court.
• Keep copies of your mental health plan or notes from your GP to show you’re receiving treatment and taking your wellbeing seriously.

When a parent has a mental illness and they show they’re taking steps to safeguard their children and address their own needs, courts are more likely to make orders and presumptions that support a child’s meaningful relationship with both parents.

Reducing stress in custody and mental health issues

Going to court is always stressful, but there are ways to reduce the negative impacts on the child and the parents alike. These daily practices helped me ease the load:

• Journaling through overwhelming days – Write down your feelings and identify triggers. This can also be helpful if you need to show a counsellor or lawyer how proceedings are affecting you.
• Setting boundaries with your ex-partner – Limit communication to essential parenting arrangements and use respectful behaviour only.
• Scheduling “no-court” days for rest – Block out time with your children or alone that doesn’t involve legal talk, to minimise burnout.
• Leaning on safe community spaces – Support groups for parents suffering from mental health issues can help you feel seen and supported.

It’s important to focus on your own well-being because your condition improves when you feel grounded. A parent’s care is about sustaining your strength so you can be the responsible parent your kids need.

Where to start: Custody and mental health support in Australia

If you’re wondering where to start, custody and mental health support in Australia can begin with just one step. 

A gentle starting point might be:

1. Download our free journal to track your emotions and stress levels.
2. Explore our resources page for guidance on legal and mental health support.
3. Book a short session with a counsellor – even one conversation with a health professional can give you relief.

FAQ: What support is available in Australia for custody and mental health conditions?

Free hotlines like Beyond Blue and Lifeline provide immediate help, while Legal Aid and Relationships Australia offer legal advice for family law proceedings. Your GP can create a plan for subsidised sessions with a psychologist. Family Relationship Centres also provide mediation for parenting disputes. These services are designed to protect the children’s best interests while supporting parents with mental health conditions.

Conclusion: Understanding custody and mental health in Australia

At the end of the day, custody and mental health in Australia don’t have to feel like an endless uphill battle. I’ve learned this the hard way — our well-being matters just as much as the outcome of parenting orders. Seeking legal advice, accessing support services, and practising daily stress relief can minimise negative impacts and give you the strength to keep going. Your children benefit most when you’re supported. Taking care of yourself is the strongest step you can take following separation.

Single Mama Elle

Elle is our compassionate single mum counsellor, dedicated to guiding fellow mamas through life's challenges. With a heartfelt commitment to transforming obstacles into opportunities, Elle provides empathetic support and practical guidance to her clients. As a single mother herself, she intimately understands the daily struggles and joys of single parenthood. Outside of counselling sessions, Elle finds rejuvenation in nature walks and yoga practice, nurturing her own well-being to better support others. Through her counselling practice, Elle aims to instil unwavering belief in single mums, empowering them to navigate life's journey with resilience and optimism.

See Full Bio