At Staffordshire Family Law, we believe no two families are the same, and the court process should reflect that by offering the right support for neurodivergent children and adults. In this insight, Charlotte Hirst a trainee solicitor at Staffordshire Family Law considers how supporting neurodivergent individuals in family court isn’t just about fairness—it’s about making sure every person can fully take part in decisions that affect their lives.
What Is Neurodivergence?
Neurodivergent individuals may think, learn, or communicate differently from what is considered typical. These differences can affect how they understand and take part in daily life, including in the family court system.
Why Does This Matter in Family Courts?
Family courts deal with important issues like child arrangements, divorce, and care proceedings. If someone involved in a case is neurodivergent, they might find it harder to understand what’s happening, communicate their views, or cope with the stress of court. Sometimes, their behaviour might be misunderstood by judges or lawyers especially in circumstances whereby a party does not have a representative to speak on their behalf.
What Does the Law Say?
- Equality Act 2010: Courts must make “reasonable adjustments” for people with disabilities, including neurodivergence.
- Family Procedure Rules: There are special rules to help vulnerable people take part in court cases, such as using simpler language or allowing extra breaks.
- Children Act 1989: The child’s welfare is the most important thing, and their needs—including neurodivergence—must be considered.
What Is the Family Justice Council Guidance?
The Family Justice Council (FJC) has published advice to help courts and lawyers support neurodivergent people. The main points are:
- Spotting Neurodivergence Early
- Courts and lawyers should look out for signs that someone might be neurodivergent, even if they don’t have a formal diagnosis.
- People should be encouraged to share if they have a diagnosis or think they might be neurodivergent.
- Making Adjustments
- Communication: Use clear, simple language. Sometimes, an intermediary or advocate can help.
- Environment: Make the court less overwhelming—quiet spaces, fewer distractions.
- Process: Allow more time for answers, take regular breaks, and be flexible with how things are done.
- Special Support
- Sometimes, a specialist (like an intermediary) can help a neurodivergent person understand and take part in the case.
- The court can set “ground rules” for how someone gives evidence or answers questions.
- Training
- Judges, solicitors, and court staff should get training on neurodivergence so they understand how to support people properly.
Why Is This Important?
If the court doesn’t make these adjustments, it could be unfair to the individual who has a neurodivergence. For example, if someone avoids eye contact or takes longer to answer, it might be wrongly seen as being dishonest or uncooperative, when it’s just part of how their brain works. The way in which that individual handles, speaks and just generally interacts with court procedure and proceedings could be taken in a way which could negatively impact the case without intention from that individual.
What Should Families and Individuals Do?
- Tell your solicitor or the court if you or your child is neurodivergent or you think you might be.
- Ask for adjustments that would help you take part in the process.
- Don’t be afraid to ask for things to be explained more simply or for extra time.
The family court system is working to be more understanding and supportive of people who are neurodivergent. If you or your child are involved in family court and are neurodivergent, you have the right to ask for help and adjustments so you can take part fully and fairly. The court and people who speak on your behalf are there to assist and make adjustments to adequately support you during this time. It is therefore important that you speak up if this is of relevance to you.
If you have any questions regarding ownership of your pets on divorce or separation, please contact our office on 01785 336617 or by email family@sflsolicitors.co.uk to arrange a free initial appointment with one of specialist solicitors who can advise further on your specific case.