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Mental Health and the Family Law System
Bryan Rodgers
Centre for Mental Health Research, Australian National University, Canberra ACT
Bruce M Smyth
Australian Demographic and Social Research Institute, Australian National University, Canberra ACT
Elly Robinson
Centre for Mental Health Research, Australian National University, Canberra ACT
Abstract
Mental health issues permeate the family law system - at least according to anecdote. Yet such issues are rarely mentioned in family law research, policy, and practice.
This article aims to stimulate discussion about the sometimes close and complex links between mental health issues and family law, and suggests a framework for how the family-law system might provide better emotional support to families in transition.
Keywords
family law, mental health, mental illness, divorce, marital separation, policy, service delivery
References
Amato, PR & B Keith. 1991a. Parental divorce and adult well-being: A meta-analysis. Journal of Marriage and the Family, 53, 43-58.
Amato, PR & B Keith. 1991b. Parental divorce and the well-being of children: A meta-analysis. Psychological Bulletin, 110, 26-46.
Andrews, G, W Hall, M Teesson & AS Henderson. 1999. The mental health of Australians. Canberra: Commonwealth Department of Health and Aged Care.
Andrews, G, S Henderson & W Hall. 2001. Prevalence, comorbidity, disability and service utilisation. British Journal of Psychiatry, 178, 145-153.
Andrews, G & C Hunt. 1998. Treatments that work in anxiety disorders. Medical Journal of Australia, 168, 628-634.
Andrews, G, K Sanderson, J Corry & HM Lapsley. 2000. Using epidemiological data to model efficiency in reducing the burden of depression. Journal of Mental Health Policy and Economics, 3, 175-186.
Australian Bureau of Statistics. 2000. Australian social trends 2000. Canberra: ABS.
Australian Bureau of Statistics. 2003. Information paper: Suicides, Australia. (Catalogue No 3309.0.55.001). Canberra: ABS.
Australian Infant, Child, Adolescent and Family Mental Health Association. 2003. Principles and actions for services and people working with children of parents with a mental illness. Adelaide: Australian Infant, Child, Adolescent, and Family Mental Health Association.
Barlow, DH, SD Raffa & EM Cohen. 2002. Psychosocial treatments for panic disorders, phobias, and generalized anxiety disorder. In PE Nathan & JM Gorman (eds), A guide to treatments that work (2nd ed) pp 302-335. New York: Oxford University Press.
Beautrais, AL, PR Joyce, RT Mulder, DM Fergusson, BJ Deavoll & SK Nightingale. 1996. Prevalence and comorbidity of mental disorders in persons making serious suicide attempts: a case-control study. American Journal of Psychiatry, 153, 1009-1014.
Butterworth, P. 2003. Multiple and severe disadvantages among lone mothers receiving income support. Family Matters, 64, 22-29.
Butterworth, P. 2004. Lone mothers' experience of physical and sexual violence: association with psychiatric disorders. British Journal of Psychiatry, 184, 21-27.
Cantor, CH & PJ Slater. 1995. Marital breakdown, parenthood and suicide. Journal of Family Studies, 1, 91-102.
Craighead, WE, AB Hart, LW Craighead & SS Ilardi. 2002. Psychosocial treatments for major depressive disorder. In PE Nathan & JM Gorman (eds), A guide to treatments that work (2nd ed) pp 245-261. New York: Oxford University Press.
de Vaus, D & M Gray. 2004. The changing living arrangements of children 1946-2001. Journal of Family Studies, 10(1), 9-19.
Department of Health and Aged Care. 2000a. Life: A framework for prevention of suicide and self-harm in Australia. Canberra: Mental Health and Special Programs Branch, Commonwealth Department of Health and Aged Care.
Department of Health and Aged Care. 2000b. National action plan for promotion, prevention and early intervention for mental health. Canberra: Mental Health and Special Programs Branch, Commonwealth Department of Health and Aged Care.
Family Court of Australia. 2002. The Family Court book. Canberra: FCA.
Gould, RA & GA Clum. 1993. A meta-analysis of self-help treatment approaches. Clinical Psychology Review, 13, 169-186.
Hartka, E, B Johnstone, EV Leino, M Motoyoshi, MT Temple & KM Fillmore. 1991. A meta-analysis of depressive symptomatology and alcohol consumption over time. British Journal of Addiction, 86, 1283-1298.
Haskey, J. 1996. The proportion of married couples who divorce: Past patterns and current prospects. Population Trends, 83, 25-36.
Henderson, S, DG Byrne & P Duncan-Jones. 1981. Neurosis and the social environment. Sydney: Academic Press.
Hickie, I, T Davenport & E Scott. 2003. Depression: Out of the shadows. Sydney: ACP Publishing & Media 21 Publishing.
Hope, S, C Power & B Rodgers. 1999. Does financial hardship account for elevated psychological distress in lone mothers? Social Science and Medicine, 49, 1637-1649.
Hope, S, B Rodgers & C Power. 1999. Marital status transitions and psychological distress: longitudinal evidence from a national population sample. Psychological Medicine, 29, 381-389.
Hunter, R. 2002. Through the looking glass: Clients' perceptions and experience of family law litigation. Australian Journal of Family Law, 16(1), 7-25.
Jackman, C. 2003, 17 September. When dads get deadly. Australian, pp 13.
Jordan, P. 1985. The effects of marital separation on men (Family Court Research Report No 5). Sydney: Family Court of Australia, Office of the Chief Executive.
Jorm, AF, H Christensen, K Griffiths, AE Korten & B Rodgers. 2001. Help for depression: what works and what doesn't. Canberra: Centre for Mental Health Research.
Jorm, AF, H Christensen, K Griffiths, R Parslow, B Rodgers & K Blewitt (in press). Effectiveness of complementary and self-help treatments for anxiety disorders. Medical Journal of Australia.
Jorm, AF, H Christensen, K Griffiths & B Rodgers. 2002. Effectiveness of complementary and self-help treatments for depression. Medical Journal of Australia, 176, S84-S96.
Jorm, AF, KM Griffiths, H Christensen, RA Parslow & B Rodgers. 2004. Actions taken to cope with depression at different levels of severity: A community survey. Psychological Medicine, 34, 293-299.
Jorm, AF, AE Korten, PA Jacomb, H Christensen, B Rodgers & P Pollitt. 1997. ‘Mental health literacy': A survey of the public's ability to recognise mental disorders and their beliefs about the effectiveness of treatment. Medical Journal of Australia, 166, 182-186.
Kelly, JB. 2003. Parents with enduring child disputes: multiple pathways to enduring disputes. Journal of Family Studies, 9(1), 37-50.
Kitchener, BA & AF Jorm. 2002. Mental Health First Aid manual. Canberra: Centre for Mental Health Research.
Kushner, MG, KJ Sher & BD Beitman. 1990. The relation between alcohol problems and the anxiety disorders. American Journal of Psychiatry, 147, 685-695.
Lim, D, K Sanderson & G Andrews. 2000. Lost productivity among full-time workers with mental disorders. Journal of Mental Health Policy and Economics, 3, 139-146.
Macdonald, E. 2004, 14 Feb. MPs from both sides agree on child custody. Canberra Times, pp B2.
Mathers, C, T Vos & C Stevenson. 1999. The burden of disease and injury in Australia. Canberra: Australian Institute of Health and Welfare.
Mendlowicz, MV & MB Stein. 2000. Quality of life in individuals with anxiety disorders. American Journal of Psychiatry, 157, 669-682.
Merikangas, KR. 1984. Divorce and assortative mating among depressed patients. American Journal of Psychiatry, 141, 74-76.
Moloney, L, T Fisher, A Love & S Ferguson. 1996. Managing differences: Federally funded family mediation in Sydney: Outcomes, costs and satisfactions. Canberra: Australian Government Printing Service.
Murray, CJL & AD Lopez. 1997. Alternative projections of mortality and disability by cause 1990 - 2020: Global Burden of Disease Study. Lancet, 349, 1498-1504.
Nathan, PE & JM Gorman. 2002. A guide to treatments that work (2nd ed). New York: Oxford University Press.
National Health and Medical Research Council. 1988. The effects of family break-up on children. Canberra: NHMRC.
Nemeroff, CB & AF Schatzberg. 2002. Pharmacological treatment of unipolar depression. In PE Nathan & JM Gorman (eds), A guide to treatments that work (2nd ed) pp 229-261. New York: Oxford University Press.
Power, C, B Rodgers & S Hope. 1999. Heavy alcohol consumption and marital status: disentangling the relationship in a national study of young adults. Addiction, 94, 1477-1487.
Pryor, J & B Rodgers. 2001. Children in changing families: Life after parental separation. Oxford: Blackwell.
Robins, LN, BZ Locke & DA Regier. 1991. An overview of psychiatric disorders in America. In LN Robins & DA Regier (eds), Psychiatric disorders in America: The Epidemiologic Catchment Area study, pp 328-366. New York: Free Press.
Rodgers, B. 1995. Separation, divorce and mental health. In AF Jorm (ed), Men and mental health, pp 105-115. Canberra: National Health and Medical Research Council.
Rodgers, B. 1996. Social and psychological wellbeing of children from divorced families: Australian research findings. Australian Psychologist, 31, 174-182.
Rodgers, B & SA Mann. 1986. The reliability and validity of PSE assessments by lay interviewers: A national population survey. Psychological Medicine, 16, 689-700.
Rodgers, B & J Pryor. 1998. Divorce and separation: The outcomes for children. York: Joseph Rowntree Foundation.
Roy-Byrne, PP & DS Cowley. 2002. Pharmacological treatment of panic, generalized anxiety, and phobic disorders. In PE Nathan & JM Gorman (eds), A guide to treatments that work, pp 337-365. New York: Oxford University Press.
Smyth, B & R Weston. 2000. Financial living standards after divorce: A recent snapshot. Research Paper No 23. Melbourne: Australian Institute of Family Studies.
Smyth, B. 2004. Postseparation fathering: What does Australian research tell us? Journal of Family Studies, 10(1), 20-49.
Spanier, GB & EA Anderson. 1979. The impact of the legal system on adjustment to marital separation. Journal of Marriage and the Family, 41, 605-613.
Tennant, C & G Andrews. 1976. A scale to measure the stress of life events. Australian and New Zealand Journal of Psychiatry, 10, 27-32.
Urbis Keys Young. 2003. National review of telecounselling and web counselling services: Summary of research findings and issues. Canberra: Australian Government Department of Health & Ageing.
Weston, R & K Funder. 1993. There is more to life than economics. In K Funder, M Harrison & R Weston (eds), Settling down: Pathways of parents after divorce, pp 210-234. Melbourne: Australian Institute of Family Studies.
White, LK & A Booth. 1985. The quality and stability of remarriages: The role of stepchildren. American Sociological Review, 50, 689-698.
Wong, AHC, MC Smith & HS Boon. 1998. Herbal remedies in psychiatric practice. Archives of General Psychiatry, 55, 1033-1044.
World Health Organization. 2001. Mental health: New understanding, new hope. Geneva: WHO.
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