Legal insight: Autism and legal separation

Recognising neurodivergence in family law

The Family Court system acknowledges that neurodivergent individuals, including those with autism, may require adjustments to fully participate in proceedings. In 2017, the Family Procedure Rules were updated with Part 3A and Practice Direction 3AA to provide a framework for supporting vulnerable persons in legal proceedings. These provisions require:

• early identification of vulnerable parties, including neurodivergent parents and children

• consideration of reasonable adjustments to ensure fair participation

• implementation of participation directions to accommodate specific needs

• appointment of intermediaries where necessary to facilitate communication

Parents who are autistic or supporting an autistic child through family law proceedings should ensure their solicitor raises neurodivergence with the court as soon as possible. Doing so allows the court to make necessary adjustments from the outset.

What are participation directions?

Participation directions are court orders designed to ensure a vulnerable person can effectively engage in legal proceedings. Adjustments that may be considered include:

• allowing additional time for hearings

• providing regular breaks to manage sensory overload or anxiety

• using simplified, clear language to aid understanding

• enabling evidence to be given remotely or from a separate room

• offering visual aids or written summaries to complement verbal communication

• appointing an intermediary to support communication and comprehension

These adjustments ensure that all individuals, regardless of neurodivergence, have equal access to justice.

Supporting autistic parents in legal proceedings

Autistic parents may also face additional challenges. A solicitor representing an autistic parent should:

• conduct meetings in a calm, low-sensory environment

• adapt communication to the individual’s preference (eg email rather than phone calls, written summaries over verbal explanations)

• provide legal advice in clear and accessible language, avoiding excessive jargon

• allow time for processing information and making informed decisions

• clearly communicate expectations and timelines to reduce anxiety

By taking these steps, legal representatives should ensure that autistic parents feel supported and empowered throughout the legal process.

Child arrangements for autistic children

Legal proceedings that involve a child with autism should involve consideration of how any arrangements will impact the child’s well-being. Key factors to address include:

• how the child copes with changes in routine and environment

• sensory sensitivities that may be affected by transitions between homes

• the importance of maintaining consistency in schooling, therapy, and support structures

• whether a rigid contact schedule would be beneficial or detrimental

Flexibility is essential, as a one-size-fits-all approach may not work. Ensuring that court decisions reflect the child’s specific needs is paramount. In some cases, expert assessments from educational psychologists, paediatricians, or autism specialists may be required to guide the court’s understanding.

Will I need an expert or intermediary?

When autistic children are involved in legal proceedings, the appointment of appropriately trained professionals (eg educational psychologists, paediatricians, or autism experts) as experts or intermediaries can be crucial. The court may need to consider:

• whether the child can be interviewed directly

• if the child requires support from an intermediary to aid communication

• whether independent legal representation, such as a guardian, is necessary

Ensuring that all professionals working with the child have experience in autism-specific communication and behavioural strategies is essential in protecting their rights and well-being.

Are there alternatives to court?

Traditional court proceedings can be overwhelming, particularly for autistic individuals. Alternative dispute resolution (ADR) methods may offer a more suitable approach, for example:

• mediation – allows parents to negotiate agreements in a less formal setting, reducing stress and conflict. If you require mediation services, you can use Rocket Lawyer’s dispute resolution service 

• collaborative law – involves both parties working with specially trained solicitors to reach amicable solutions without going to court. If you would like to try collaborative law, you can use Myerson Solicitor’s specialist services

• arbitration and private hearings – provide a more flexible, controlled environment where parties can agree on arrangements with the help of a trained third-party arbitrator or private judge

These alternatives can help reduce the adversarial nature of legal disputes and create a more autism-friendly process.

Support for parents during family law proceedings

Legal proceedings, especially those involving children, can be emotionally draining. Parents who are neurodivergent or raising an autistic child may benefit from additional support during this time. Seeking professional guidance from therapists, autism support groups, and family law specialists can provide crucial emotional and practical assistance.

Practical support may include:

• seeking a family support worker – ie someone who understands neurodivergence and can provide tailored support

• engaging a legal coach – ie professionals who help clients navigate the legal process in an accessible way

• working with an autism specialist – to better understand how legal proceedings may impact the child and to advocate for necessary adjustments

Building a more inclusive future

By ensuring that families and legal professionals are informed and proactive in supporting neurodivergent parties within family law proceedings, we can create a system that is not only fair but also compassionate and effective. The key to positive legal outcomes lies in early identification of neurodivergence, appropriate accommodations, and a commitment to understanding the unique challenges that autism can present in family law matters.

With the right support, clear communication, and a legal approach tailored to individual needs, families can navigate separation with dignity, fairness, and the assurance that their voices will be heard.

If you need help navigating the legal process in relation to family law proceedings, you can Ask a lawyer. For specialised child law advice, you can use Myerson Solicitor's specialist services.