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Neurodivergency in Family law
Legal Services
Around 15% of the population are neurodivergent and have additional needs.
In family law cases there has been a positive change in recent months which has allowed those with neurodiversity to have an equal access to justice in family law matters and overcome barriers which may prevent fair justice taking place.
On 30th January 2025, the Family Justice Council published Guidance on Neurodiversity in the Family Justice System for Practitioners.
What is neurodiversity
Neurodivergence is the term used for when someone’s brain processes, learns, and/or behaves differently from what is considered ‘neurotypical’. ‘Neurotypical’ refers to a person with neurological development and functioning that are of a typical standard according to social norms.
Understanding Neurodiversity has had a considerable effect on society by shifting the way we value the differences in how people think, learn, and interact with the world. It challenges traditional norms by promoting the idea that neurological differences, such as autism, ADHD, and dyslexia, are natural variations rather than deficits that need to be ‘fixed’ or ‘cured’.
Neurodiversity effects the way that some people are able to present information, engage and process information. These people are classified as ‘neurodivergent’.
Issues in family law
Experiencing any type of litigation without the right support in place can create challenges and in particular those with neurodivergence may have found themselves at a disadvantage as their particular neurodivergent may impact on their ability to fully participate in a legal process or be treated fairly.
Examples of common problems faced by the neurodivergent Court/litigation include:
- Communication differences – misunderstanding questions, sensory overload or shutdowns.
- Credibility and Stereotyping – misjudgement of behaviour or biased opinions.
- Understanding legal proceedings and documents – difficulty processing and retaining complex information.
- Lack of training for professionals – lack of understanding may result in a misinterpretation of behaviour causing inequity in outcomes
- Access to justice – the Court system being rigid and unable to accommodate particular needs which would improve an individual’s experience, and ability to participate e.g. regular breaks, communication aids, sensory equipment etc.
The introduction of the guidance and how we can help
The growing awareness of neurodiversity helps to break down certain challenges and foster a culture that values diverse perspectives, creativity, and innovation. The published guidance encourages practitioners and the Court in family law cases to have a greater insight into those with neurodiversity and understand how best to support those individuals, enabling them to have greater access to justice.
As practitioners it is our role to keep up to date with all training and adapt to ensure all clients get the right service and support when going through a family law process . At Purcell we ensure that we:-
- Understand each client’s needs – Being able to tailor our advice and accommodate each client’s needs is at the forefront of our minds. It is important that there is early identification of neurodivergence or any vulnerabilities from the outset so that we can best assist you.
- Communicate effectively – We understand that material information may need to be presented in different formats to enhance understanding. At Purcell Solicitors we want to work in a way that best meets our client’s needs whether that is communicating best by telephone, in person or emails. We also understand that certain phrases and terminologies can sometimes be confusing for our clients, and we always try to ensure that legal jargon is minimised so that there are no barriers to understanding.
- Focus on Non-Court Dispute Resolution (NCDR) where appropriate – We firmly believe that Court should always be the last resort. At Purcell Solicitors we actively promote methods of NCDR as these processes enable a level of flexibility that the Court cannot always facilitate. Methods of NCDR include mediation, collaborative law, private financial remedy hearings and Arbitration. The Courts are overstretched and cannot always allocate the time that is needed in a case. A NCDR process better allows clients to take a more active role in their case and provides the ability to tailor more easily issues such the environment and timings to enable individuals to fully participate in proceedings.
- Be proactive – We understand that NCDR is not always an option and sometimes matters need to be resolved through a Court process. Applications can be made to the Court if required for reasonable adjustments to be made in order to meet an individual’s needs. This could be a request to adjust the structure of the Court timetable or a request for more frequent breaks during a Court hearing or giving evidence or to allow for a longer timetable to ensure compliance and full participation.
- Keep an open mind – We encourage our clients to be open and honest with us so that we can best understand any vulnerabilities or issues that they may be facing. We will always use our best endeavours to support the needs of our clients and facilitate a safe space where matters can be resolved at a pace that works for them wherever possible.
Disclaimer: Please note that this page is for guidance only and does not replace legal advice. It is correct with the law at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation – contact us for dedicated help for you.
