Navigating Family Law: Supporting Families Living with Autism with Compassion and Understanding

Neurodiversity is a term used to refer to differences in neurodevelopment, and some common neurodivergent conditions include autism, attention-deficit hyperactivity disorder, attention deficit disorder, dyslexia and dyspraxia.

It is estimated that 15% of the population is neurodivergent, and the Family Justice Council has published guidance for family lawyers on neurodiversity to help practitioners consider best practices and accommodate neurodivergence.

The guidance seeks to highlight that a failure to accommodate neurodivergence within the Family Justice System results in parties and children not being able to participate fully in proceedings and dispute resolution.

If someone has a matter being dealt with in the family court, then this will likely be a stressful experience, whether that person is neurodivergent or not.

Part 3A and the accompanying Practice Direction 3AA were introduced into the Family Procedure Rules in November 2017.

The rules provide a procedural regime for proceedings involving vulnerable parties and place obligations on the court, legal representatives and all parties to identify any vulnerable individuals at the earliest opportunity.

If a party has a neurodiversity, this must be raised at the earliest opportunity to ensure that appropriate adjustments are made, and the court must consider whether it is necessary to make one or more participation directions to assist a party in the proceedings or a party giving evidence.

The court may direct the appointment of an intermediary.

This is a professional third party who is instructed to complete an assessment of a vulnerable party and provide support.

The intermediary can communicate questions to put to the individual to help them understand, and vice versa for the person asking the questions.

The intermediary can advise on how a party can be supported and make recommendations to the court for participation directions such as having breaks in evidence and ensuing evidence is adduced in short questions.

At Myerson all members of the family team are members of Resolution and committed to working constructively to avoid unnecessary conflict.

Alternative dispute resolution, such as mediation and collaborative law, can promote communication and encourage cooperation between parties to remove the stress and anxiety of court proceedings.

Arbitration and private hearings can take place in a more suitable venue, in surroundings more conducive to settlement discussions, with a judge who is able to dedicate the whole day to the case.

This can help to reduce stress by allowing parties more time. 

There are several steps we can take to help neurodiverse clients deal with difficult aspects of family law and we recognise that family law professionals play a vital role in ensuring families affected by autism receive appropriate support and guidance.