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Looking for significant family law decisions turning on mental illness

Which mental illnesses do the Family Law Courts Recognise, and which ones don't they?

I am writing a paper on how the Family Law Courts deal with alleged mental illness.

I am looking for help from experts like like the gents or ladies on this forum, who would be aware of significant family law decisions that have turned on the recognition of a mental illness. (see my current list below)

I have one two-part question regarding the below list:

QUESTION: Are there any other mental disorders recognised by the Australian family courts  (beyond below list), and if so, can you point to a court decision which 'turned' on this apparent illness.

So far, I have found decisions that have recognised the following mental illnesses:
  • anger management
  • dementia
  • factitious disorder by proxy
  • narcissistic personality disorder
  • post-traumatic stress disorder
  • anxiety
  • depression
  • gender identity disorder
  • panic disorder
  • chronic adjustment disorder
  • enmeshment
  • munchausen by proxy
  • personality disorder

Last edit: by OneRingRules

Dismissed Appeal filed by the Mother in relation to Orders for the appointment of a Case Guardian to act on her behalf (mother had been previously diagnosed as having Delusional Disorder and then either Delusional Disorder or Schitzophrenia by two different psychiatrists some years before) and whether the Family Court had Jurisdiction under the Guardianship and Administration Act 2000 (Qld) to appoint a Case Guardian.


Interesting document taken from the Federal Circuit Court website in relation to mental health and Family Law



Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.

A interesting and perhaps significant case of Parental Alienation - and bizarre outcome

Thanks for those cases SWAMBO.

I would be further interested in people's feedback on whether they think the Family Court treated the following case of "parental alienation" properly, considering the compexities of the issue, and also I would be interested to hear if people think the outcome would have been different if the father was not self-represented.

Wang & Dennison [2009] FamCA 206
I note you have indicated you are “writing a paper” and looking for “help” however in the absence of any knowledge or opinions of your own with regard to the subject matter you are seeking help for, that except for me to say that as well as the other issues  in the particular case you mentioned it is also important to consider these in conjunction with the weight (if any) given to the children’s wishes, I will refrain from any further responses.

It is my view (not necessarily shared by all others on this site) that just like those of us who have already completed their university studies, that when "writing a paper" the primary onus of research, opinions drawn, evaluation and collaboration of ideas with regards to any subject matter should be mostly that of the writer, not the audience.

Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
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