Neurodiversity and family law

Back in October I attended an excellent seminar hosted by the family justice board for Milton Keynes. It was incredibly thought provoking and made me realise that where I had thought I had a good amount of knowledge about neurodiversity, there is such a huge amount that I do not know (and still don’t!). 

Firstly, I had no idea that 20% of the population have some form of neurodiversity, though we do not know how accurate statistics are here as there are a number of issues with diagnosis. 

How does neurodiversity impact people dealing with family-related legal matters?

Our family justice system was designed with neurotypical people in mind. This means that in a traditional court setting, for example, many aspects of the process could cause someone to feel as though they have not been able to properly understand or get their point across. 

As awareness of the barriers increases, changes are slowly being introduced. Guidance has recently been produced for practitioners which advises on identifying needs and adjustments which can be put in place. 

These include things such as:

• Communication is by email rather than phone calls
• Using different types and colours of fonts or backgrounds in legal documents
• Changing use of language, for example, avoiding abstract or technical legal wording
• Adjusting the lighting or allowing the person to wear dark glasses 
• Removing anything strong smelling such as coffee
• Providing comfortable seating
• Allowing the use of fidget spinners or similar, or movement around a room
• Inviting a person to familiarise themselves with new places in advance, for example, a court room or contact centre
• Having additional breaks 
• Keeping to a structured timetable

Widely, these and other adjustments have been applied in court settings, but they can also be used in meetings with legal advisers and throughout the matter. If this is relevant for you, your legal representative will be able to discuss any adjustments that you feel may help you feel more supported. 

Trauma or neurodiversity?

These can present very similarly in children and adults. Research shows that the family court causes trauma, as does relationship breakdown in most cases. It is important for family lawyers to understand and recognise trauma, as adjustments may be needed to support people struggling with it. Having emotional support from a divorce coach, counsellor, or therapist can really help people going through the process. 

We're here to help you and your family feel as comfortable as possible when placed in unfamiliar settings and dealing with unusual situations. Please get in touch with us to discuss any individual needs. Call 0330 0945 500, email family@neves.co.uk  or complete our Contact Form and we'll get back to you.