For clients who are neurodivergent — or caring for a neurodivergent child — navigating the family court system can come with additional challenges. Whether you’re dealing with divorce, a financial settlement, or a dispute about child arrangements, the court process is not always designed with cognitive difference in mind.
Recognising this, the Family Justice Council has recently published guidance for professionals working within the family justice system. Its goal is simple: to make sure that neurodivergent people are treated fairly, with the adjustments and understanding they need to fully participate in proceedings.
As a firm that regularly works with neurodivergent clients, we welcome this shift — and here’s what you should know.
A System That Needs to Catch Up
The court system can feel rigid, procedural, and at times inaccessible — especially when dealing with high-conflict family matters. Despite this, there has historically been little awareness of how such an environment can affect neurodivergent individuals.
The new guidance acknowledges that neurodivergent parties, witnesses, and children often find it harder to engage with the court process unless reasonable adjustments are made. And too often, these adjustments are either not offered, or not applied consistently.
Key Changes You Can Expect
The Family Justice Council guidance encourages solicitors, judges, CAFCASS officers, and other professionals to be more proactive and accommodating. This includes:
- Allowing extra time for preparation, responses, and understanding of court materials.
- Communicating more clearly, including the use of plain English and fewer assumptions about what someone “should know.”
- Adjusting court environments — such as providing a quiet waiting space or flexible hearing formats (e.g. remote hearings).
- Being more collaborative with support professionals — for example, involving an advocate, intermediary, or therapist where appropriate.
- Tailoring expectations — recognising that rigid procedures or communication styles may unintentionally disadvantage neurodivergent parties.
How This Might Apply to Your Case
If you’re currently going through family proceedings — whether that’s about where your child lives, how financial arrangements are handled, or how divorce paperwork is processed — this guidance is relevant.
It could mean:
- Ensuring your needs are explained clearly to the court in advance.
- Requesting specific adjustments during hearings (for example, more time to respond to questions or a written agenda ahead of time).
- Asking that professionals involved in your case adapt how they communicate with you or your child.
- Ensuring that any assessments or reports (e.g. from CAFCASS or social workers) take your neurodivergence into account appropriately and fairly.
What We’re Doing as a Firm
We don’t wait for the court to suggest adjustments — we raise them from the outset if we believe they’re relevant to your ability to participate. If you tell us about any particular needs, we’ll work with you to make sure the court is informed and that the right recommendations are made.
We also advocate for a sensitive, non-judgemental approach when dealing with neurodivergent parents or children, and we’re aware of how easily neurodiversity can be misunderstood — especially in disputes over parenting or decision-making capacity.
If You’re Involved in Family Court Proceedings
If you haven’t already done so, let us know about any adjustments that might help you better engage with the legal process. These can be included in your case documents and shared with the court early on.
We can also guide you in preparing supporting information — for example, medical reports or input from therapists or support professionals. This guidance confirms that professionals across the system now have a responsibility to listen and adapt.
Get Expert Advice You can contact us for confidential family law advice. We offer free, no obligation, telephone consultations. If you would like to book an initial phone consultation at no cost, please contact us today. Copyright 2013-2025 Rainscourt Law LLP. All rights reserved.