Supporting Neurodivergent Clients Through the Family Legal Process

Neurodiversity is an umbrella term used to describe natural differences in how the brain works, learns and processes information. Common forms of neurodivergence include:

• Autism
• Attention Deficit Hyperactivity Disorder (ADHD)
• Dyslexia
• Dyspraxia
• Tourette’s Syndrome

While neurodivergent individuals may experience certain difficulties, they often also have particular strengths, such as strong attention to detail, creativity, honesty, problem-solving skills or the ability to hyper-focus.

Family proceedings frequently require individuals to:
• Read and understand large volumes of written information
• Follow detailed instructions and deadlines
• Provide clear and consistent evidence
• Manage multiple tasks and appointments at once
• Participate in meetings and court hearings, sometimes under pressure

For some neurodivergent clients, these demands can create barriers to full participation. If those barriers are not recognised, there is a real risk that a party may struggle to engage properly with the process or to give their best evidence.

Family lawyers and the Courts have a responsibility to ensure that all parties can participate effectively and fairly in proceedings.

The Family Justice Council (FJC) has published detailed guidance on neurodiversity in the Family Justice System, emphasising that failing to recognise and accommodate neurodivergence can prevent individuals from participating fully in their case.

The guidance highlights common challenges neurodivergent individuals may face, such as:
• Difficulty processing large amounts of written material
• Challenges with verbal communication or being asked questions rapidly
• Sensory sensitivities in busy or unfamiliar environments
• Anxiety caused by changes to routine or unclear expectations

It also encourages early identification of needs and the use of reasonable adjustments to support effective participation.

Clients are not required to disclose a diagnosis, but it can be very helpful for your solicitor to understand how best to support you.

If you feel comfortable, you may wish to:

• Share a formal diagnosis, if you have one
• Explain any particular difficulties you experience (for example, processing written information, memory, organisation or communication)

Even without a diagnosis, discussing the challenges you face allows your legal team to adapt their approach and ensure you are properly supported throughout your case.

Every client is different, and support should be tailored to individual needs. Practical adjustments may include:

• Agreeing a preferred method of communication, such as email, phone calls or written summaries
• Providing information in manageable chunks, rather than all at once
• Sending hard copies of documents as well as electronic versions
• Breaking tasks down and dealing with them one step at a time
• Discussing whether meetings are better held online or in person
• Allowing extra time in meetings to ask questions and clarify information

Small changes can make a significant difference to a client’s ability to engage confidently with their case.

Neurodiversity should not negatively affect the outcome of a case. What matters is that the Court understands how a party can best participate.

The Courts have the power and the duty to make adjustments where necessary. This is reflected in the Family Procedure Rules 2010, particularly Part 3A and Practice Direction 3AA, which require the court to consider whether a party’s participation or evidence may be diminished due to vulnerability, and whether participation directions are needed.

Adjustments may include:
• Changes to how evidence is given
• Ground rules for questioning
• Additional breaks or extra time
• Adjustments to the Court environment or hearing format

The aim is to ensure that every individual can participate fully and give the best possible evidence in support of their case.

In the RWK Goodman International Children Team, we recognise that no two clients are the same. We are committed to understanding each client’s individual needs and providing clear, compassionate and practical support throughout the family law process.

By working collaboratively with our clients, we ensure that every case is presented as strongly and fairly as possible — allowing our clients to focus on what matters most.