Senior Associate
Myerson Solicitors
Separation and child arrangements can be highly emotional and stressful, with no one-size-fits-all solution. For families affected by autism, these challenges can be even more complex. It is crucial to ensure that the legal process prioritises the well-being of both children and parents, and understanding how to navigate family law in an autism-friendly way can make all the difference.
Making Legal Processes Autism-Friendly
Every family’s experience of separation is unique, but for families with an autistic child or parent, additional considerations must be taken into account. Autism can affect communication, emotional regulation, and responses to change; factors that are central to family law proceedings involving children. Family law professionals are increasingly recognising the need to adapt their approach to neurodivergence.
It is estimated that 15% of the population is neurodivergent. To help practitioners consider best practices and accommodate neurodivergence, the Family Justice Council has published guidance for family lawyers on neurodiversity. This guidance highlights that failing to accommodate neurodivergence within the Family Justice System can prevent parties and children from fully participating in proceedings and dispute resolution.
Practical Adjustments for Parents Navigating Family Law
If you are a parent navigating family law with autism in mind, here are some key adjustments that may help:
- Agreeing on the most suitable method of contact and communication: Determine whether emails, phone calls, or face-to-face meetings work best for your needs.
- Receiving both physical and digital copies of documents
- Taking sensory factors into account in office and meeting spaces
- Sharing your preference for whether meetings should be held remotely or in person
- Requesting visual aids (e.g. charts, diagrams) to enhance understanding of legal proceedings
Autism and Navigating the Family Court
If court proceedings become necessary, it is important to ensure that the court is informed of any neurodivergence within your family, so that appropriate adjustments can be made and support provided.
Part 3A and the accompanying Practice Direction 3AA were introduced into the Family Procedure Rules in November 2017. The rules establish a framework for proceedings involving vulnerable individuals and require the court, legal representatives, and all parties to identify any vulnerable persons as early as possible.
If a party is neurodivergent, this should be disclosed promptly to ensure the necessary adjustments are made. The court must then assess whether one or more participation directions are required to support the party involved in the proceedings or providing evidence.
The court may also appoint an intermediary. An intermediary is a neutral third party tasked with assessing the needs of a vulnerable individual and providing support.
The intermediary helps facilitate communication by relaying questions to the individual in a way they can understand, and by assisting the person asking the questions to ensure clarity.
Additionally, the intermediary can suggest ways to support the party and make recommendations to the court, such as allowing breaks during evidence presentation and ensuring questions are asked in short, clear segments.
When Autistic Children are Involved
In cases involving children with autism, it is crucial to ensure that any appointed expert has specific experience in working with autistic children. Besides, consideration should be given to whether the child requires support from an intermediary during interviews or if the case would benefit from the child having their own legal representation.
Alternatives to Court
Family lawyers committed to constructive resolution often recommend alternative methods such as mediation and collaborative law. These approaches promote communication, encourage cooperation between parties and mutual problem-solving, potentially reducing the stress and anxiety of court proceedings.
Arbitration and private hearings can take place in more suitable venues, creating surroundings conducive to settlement discussions. With a judge able to dedicate the entire day to the case, parties may find the process less overwhelming and more accommodating.
There are several steps family law professionals can take to help neurodiverse clients manage the challenges of family law proceedings. For families, it’s important to understand what can be done to support them. By providing tailored support and understanding, legal practitioners play a crucial role in ensuring families affected by autism receive the guidance they need and feel empowered throughout their legal journey.
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About Sarah Whitelegge
Sarah Whitelegge is a Senior Associate at Myerson Solicitors, a Top 200 UK law firm based in Altrincham, Greater Manchester. She specialises in family law, advising on divorce, financial settlements, cohabitation, nuptial agreements, child disputes, and domestic violence. With expertise in complex children matters, she has extensive advocacy experience in the Family Courts. A Resolution-accredited specialist in private children law and domestic violence, Sarah has practised family law since 2007. She holds a history degree from Leeds University and completed her legal training at Manchester Metropolitan University.
For more information about Myerson Solicitors and its Family Team, visit: https://www.myerson.co.uk/personal/family-law