
Katy Moody, Associate Solicitor and Head of Family Law at Jacksons, explains how maternal mental health can affect family law proceedings – and why raising awareness is essential for families, professionals and society.
Although mental health is more openly discussed than ever before, there remains a topic that still doesn’t get enough attention – maternal (also known as perinatal) mental health.
The perinatal period – during pregnancy and the first year after birth – is a time of enormous transition. While it can be joyful, it is also a period of major physical, emotional, hormonal and social change. The statistics show just how critical this time can be:
- 1 in 5 mothers will develop a mental illness during pregnancy or within the first postnatal year
- 30 in every 1,000 mothers develop post-traumatic stress disorder (PTSD)
- And tragically, suicide is the leading cause of maternal death in that first year after giving birth
Maternal mental ill health can affect any new mother – it does not discriminate. And the effects can be far-reaching, not only on a mother’s wellbeing but on the interaction between mother and baby, which in turn can influence the child’s emotional, social and cognitive development.
That’s why it is so important that maternal mental health is acknowledged and supported – at home, in society, and in the legal system. Your whole world changes when you have a child, and we need to keep talking, challenging stigma, and raising awareness.
Maternal mental health and the family courts
In my role as a family solicitor, I often see how maternal mental health intersects with legal proceedings. In some cases, an ex-partner may raise concerns about a mother’s mental health as a reason to alter arrangements for a child – or, in more extreme cases, to argue that a child should live elsewhere.
It’s important to recognise that the courts will always act in the best interests of the child. If a parent’s mental health is left untreated and it seriously affects their ability to care for their child, this may understandably become part of the discussion. However, it is equally important that we do not allow outdated views or stigma to overshadow the facts.
Seeking treatment and support for mental health issues is not only brave – it is responsible parenting. A mother who is actively engaging with her care, working with health professionals and building support systems around her is demonstrating exactly the kind of commitment that courts respect.
At Jacksons, we encourage our clients to tell us early if they are experiencing mental ill health, so we can be on the front foot in court. We can gather evidence, present it appropriately, and show that the parent is taking positive steps to ensure the wellbeing of their child. We will also signpost to other services, whether from the local authority or the charity sector, who can offer therapy, peer support or even practical help around the home.
Sadly, we know many women delay speaking up because they fear being judged, or worry that social services will take their children away. Let me be clear – social services are there to help families stay together where it is safe and in the child’s best interests. A diagnosis alone is not a reason for a child to be removed from a loving, supportive home.
The impact of social media
As a new mum myself, this issue resonates deeply. The role of a parent is challenging and exhausting – but it can also be incredibly rewarding. What’s vital is that mothers feel able to look after themselves, so they can find those challenges more manageable and ultimately more fulfilling.
Yet on social media, we often see a curated and filtered version of motherhood – polished photos, perfect routines, smiling babies. While there’s nothing wrong with celebrating the highs, we mustn’t forget that it doesn’t reflect the whole picture. That’s why I’d encourage everyone to check in with any mums you know who are on maternity leave – not just with a “like” or a comment, but a private message or a phone call. Sometimes, that quiet check-in can mean everything.
At Jacksons, we don’t just talk about mental health – we act on it. From treat days and mental health first aiders to our ‘Zen Den’ in the Stockton office, we foster a caring workplace culture, and that same compassion is extended to our clients too.
Let’s keep the conversation going
If you are a fellow legal professional – whether you’re a judge, a barrister, or work in another area of law – please consider how maternal mental health may be affecting your clients. If someone has gone quiet or seems overwhelmed, check in with empathy and understanding.
Maternal mental health matters – and raising awareness, removing stigma, and supporting mothers through this vulnerable time helps everyone: families, children and communities.
If you or someone you know is struggling with maternal mental health and is facing legal proceedings, our Family Law team at Jacksons is here to help. We will listen, support and advocate for you. Contact our family team today to speak to one of our friendly, experienced family law solicitors.