Search

Summary

People with intellectual disability may be subject to unfitness to plead proceedings in court due to the nature of their disability. In addition, people withintellectual disability in England and Wales are also subject to legislation such as the Mental Capacity Act 2005 and the Mental Health Act 1983 (as amended in 2007). This chapter explores issues with current fitness to practise proceedings for people with intellectual disability in relation to the Mental Capacity Act and the Mental Health Act, including the use of Sections 35 and 36.

The focus of this study was on the application of orders for supervised access made by the Australian Family Law Court in cases that involved conflicting claims by custodial and noncustodial parents. Based on accessible Court transcripts for the 28-month period ending in early 2019, 103 cases involving 172 children were identified in which orders required supervision for visitation and/or changeovers. The patterns found through thematic analysis suggest that there is a shift to increasing use of final orders involving supervision through child contact centers as either an indeterminate or permanent arrangement. This shift has significant implications for current models of supervised access/changeover, and a greater understanding in terms of the outcomes being achieved is required.

Search Results

Refine search

Refine search

Actions for selected content:

2 results

Chapter 19 - Fitness to Plead Procedures in Relation to Mental Health and Capacity Legislation

Summary

Family Law Court orders for supervised contact in custodial disputes – unanswered questions

Search Results

Refine search

Refine search

Actions for selected content:

Save Search

2 results

Chapter 19 - Fitness to Plead Procedures in Relation to Mental Health and Capacity Legislation

Summary

Family Law Court orders for supervised contact in custodial disputes – unanswered questions