Children Proceedings as a Neurodivergent Parent
Going to court about your children is a decision that no parent takes lightly. However, parents with autism spectrum disorder face even greater challenges from the experience of litigation.
D and E (Parent with Autism) [2020]
This case is an important reminder of how the family court system must adapt to support and accommodate the specific needs of neurodivergent parents, particularly those diagnosed with Autism Spectrum Disorder (ASD). It underlines the importance of conducting parental assessments that are not only comprehensive but also tailored to the individual’s needs.
What happened?
This case involved the care and well-being of five children whose mother was diagnosed with Autism midway through family court proceedings.
Initially, the assessments conducted by professionals had not taken the mother’s diagnosis into account. As a result, her presentation – distressed, tearful and visibly overwhelmed – was interpreted by the Local Authority as a cause for concern.
However, following her diagnosis professionals were advised by a Consultant Psychiatrist of reasonable adjustments that they should implement to help her. These adjustments included ensuring that instructions were given in a clear, slow and direct manner, avoiding metaphor and using visual aids where possible. They were instructed to clarify what was happening and ,importantly, that they should allow her extra time to respond.
These adjustments created an environment where the mother could better understand and participate in the assessment process. Professionals were therefore able to gain a more balanced and accurate view of her parenting abilities, which had previously been overshadowed by misunderstandings linked to her undiagnosed condition.
This ultimately changed the outcome of the case, as the Local Authority revised its recommendations and proposed a Child Arrangements Order in favour of the mother and maternal uncle (who had moved into the property to assist her).
Why this matters
This case sets a precedent for a more inclusive and fair approach within the family justice system. It emphasises the value of reasonable adjustments and making appropriate adaptions to professional approaches when working with parents who are neurodivergent. Parents with Autism must be able to fully participate in proceedings and, without reasonable adjustments, the court cannot be confident that any final decisions made are in the children’s best interests.
Parents with Autism
Every family is different – and so are the needs of each parent.
If you are a parent with Autism , or think you may have Autism, it is important to tell your legal team so they can support you in the best way for you. They can discuss and agree reasonable adjustments with anyone else involved in your process. It may even influence your choice of legal process as non-court dispute resolution (NCDR) processes, such as mediation, solicitor-led negotiation and arbitration, provide a greater level of flexibility that means they can be tailored to individual needs.
If you are in an NCDR process your legal professionals will have the benefit of the neurodiversity toolkit developed by Family Law in Partnership and FLANC. We developed this resource and provide it free of charge to help family lawyers, barristers, mediators and arbitrators provide the best support possible to individuals with autism and other types of neurodiversity. The toolkit includes guidance and tools to help professionals understand individual needs and suggest appropriate adjustments.
Sometimes Court is the only option. At Family Law in Partnership we apply the same principles of consideration and flexibility to all legal processes, so we can be sure to provide you with the best support possible whether you are in Court or an NCDR processes.