Can I ask a court to reduce parenting time because of my co-parent's mental health issues?

Mental health is a factor courts consider when assessing a child's safety and wellbeing in the care of a parent, but a diagnosis alone does not automatically justify reducing parenting time. Courts focus on how the condition affects the parent's ability to care safely for the child, not on the diagnosis itself.

A parent who manages their mental health condition effectively, maintains stable routines, and has a strong bond with the child may retain full parenting time. A parent whose condition is in crisis, unmanaged, or who has engaged in behaviour that endangers the child may have their time reduced or supervised.

If you are raising mental health concerns, you need concrete evidence of how the condition is affecting the child — not speculation or stigma. Evidence might include the child returning from visits in distress, incidents that required emergency intervention, or a pattern of the other parent's instability during parenting time. A court may order a parenting assessment or ask the OCL to be involved.

Making unfounded mental health allegations to gain a strategic advantage can backfire significantly in family court, where credibility matters enormously. Speak with a lawyer before taking this step.