by Sophia Pippos, Special Counsel and Amy Holmes, Senior Associate
The Lindsay Clancy case is one of the most heartbreaking and confronting cases in recent memory. At its centre are the tragic deaths of three young children, Cora, Dawson and Callan. Their lives, and the unimaginable loss suffered by those who loved them, must remain at the forefront of any discussion about this case. The criminal proceedings have attracted international attention, with much of the public debate focusing on questions of mental illness, criminal responsibility and parental vulnerability. Those issues will ultimately be determined by the Court.
For family lawyers, however, the case also raises a broader and profoundly important question: how well do we understand parental mental health, and are we doing enough to recognise when parents are struggling before a crisis occurs? The case serves as a powerful reminder that parental mental health is not simply a medical issue. It is often a child safety issue, a family wellbeing issue and, at times, a family law issue. While every family’s circumstances are different, the lessons arising from the public discussion surrounding this case are relevant to lawyers, parents, health professionals and anyone involved in supporting families through periods of stress and transition.
The postpartum period is frequently portrayed as a joyful time. For many families it is. However, it can also be a period of enormous physical, emotional and psychological adjustment. New parents may experience significant sleep deprivation, anxiety, isolation, financial pressure, relationship strain, changes in identity and the overwhelming responsibility of caring for a dependent child. Most people are familiar with postnatal depression and anxiety, both of which are relatively common and highly treatable.
Less commonly understood is postpartum psychosis, a rare but serious psychiatric condition. Postpartum psychosis affects approximately one to two women per 1,000 births and is widely recognised within the medical community as a psychiatric emergency requiring urgent assessment and treatment. It may involve hallucinations, delusions, confusion, disorganised thinking, paranoia, severe mood disturbances and a loss of contact with reality.
Importantly, serious mental health difficulties do not always present in obvious ways. Many parents continue to function at work, maintain relationships and care for their children while experiencing significant internal distress. That reality highlights the importance of education, awareness and early intervention.
One of the more concerning aspects of public discussion about cases involving parental mental health is the tendency for the conversation to become polarised.
The reality is far more nuanced. Recognising the serious impact of postpartum mental illness does not minimise the devastating consequences that can occur when children are harmed. Equally, acknowledging the physiological realities of pregnancy, childbirth and postpartum recovery should not prevent meaningful discussion about the mental health challenges experienced by fathers and other carers.
Mental health should not become another front in a gender debate. Parents experience vulnerability in different ways. Mothers may face recovery from childbirth, hormonal changes and breastfeeding demands. Fathers and other carers may experience significant psychological stress associated with sleep deprivation, financial pressure, relationship changes and caring responsibilities. Both may struggle. Both deserve support. Most importantly, children benefit when the adults caring for them are mentally healthy and adequately supported.
Family lawyers routinely work with individuals during some of the most stressful periods of their lives. Relationship breakdown, parenting disputes, financial pressure, family violence, social isolation and litigation are all factors that can place enormous strain on a person’s mental wellbeing. In many cases, family lawyers are among the first professionals to observe signs that a parent may be struggling. This does not mean lawyers should act as clinicians. However, it does mean that a basic understanding of mental health issues can be invaluable. Recognising when a client may need additional support, encouraging engagement with appropriate healthcare professionals and promoting arrangements that support both parental wellbeing and child safety can make a meaningful difference.
Importantly, a diagnosis alone does not determine parenting capacity. Many parents living with depression, anxiety, trauma, bipolar disorder and other mental health conditions continue to provide loving, safe and effective care for their children. The relevant question is rarely whether a parent has a diagnosis. Rather, the focus is on whether any symptoms affect the parent’s capacity to meet a child’s needs or create a risk to the child’s safety or wellbeing. Family law proceedings should not contribute to stigma. Instead, they should encourage appropriate assessment, evidence-based decision-making and practical support for families.
Australian family law provides a useful framework through which to view these issues.
Section 60CA of the Family Law Act 1975 (Cth) provides that, when making parenting orders, a court must regard the best interests of the child as the paramount consideration.
The focus is therefore not on what is most convenient for either parent, nor is parenting litigation a contest between a mother’s rights and a father’s rights. The central question is what arrangements best promote a particular child’s safety, welfare, development and overall wellbeing.
Following the 2024 parenting reforms, the former presumption of equal shared parental responsibility was removed and the statutory framework for determining a child’s best interests was simplified. The reforms reinforce the importance of tailoring parenting arrangements to the individual needs of the child rather than applying broad assumptions about family structures or parenting roles. Viewed through that lens, the lessons from the broader discussion surrounding the Clancy case become clearer. We should be capable of recognising the unique challenges faced by mothers without diminishing the experiences of fathers. We should be capable of discussing men’s mental health without treating women’s experiences as a competing interest. And we should be cautious whenever a deeply complex human issue is reduced to a contest between men and women, particularly where children are involved. Because ultimately, family law asks a different question altogether: what is in the best interests of the child?
The Lindsay Clancy case has generated strong emotions because it sits at the intersection of profound loss, serious mental illness and legal responsibility. While opinions may differ on the legal issues, there should be little disagreement about one thing: parental mental health deserves greater understanding, greater awareness and greater support. For family lawyers, the case is a reminder that mental health is often an important part of the broader family dynamic and should never be overlooked when considering the needs of children and parents. For parents, it is a reminder that struggling does not make you a bad parent, and seeking help is not a sign of weakness. It can be critical to your case that you can provide evidence of your preparedness to do so. Mental health concerns are not a personal failing, and early intervention can be life-changing for you and your family members.
If there is one lesson to be taken from this heartbreaking case, it is that protecting children requires us to take parental mental health seriously. Not through stigma, judgement or division, but through education, compassion, early intervention and meaningful support.
A family law system that genuinely acts in the best interests of children must also be capable of recognising parental vulnerability, identifying risks when they arise and connecting families with support before a crisis occurs. Because if we genuinely care about the wellbeing of children, we must also care about the wellbeing of the people raising them.
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