What is neurodiversity?

“Neurodiversity” is the concept that there is natural variation in how people’s brains work, with no single “correct” way, and that a wide range of perceptions and responses to the world should be accepted and encouraged, including those of children with ADHD, autism, and learning differences.

How is a child’s neurodiversity considered in child contact?

As a mother you may need to apply for or respond to an application for a child arrangement order to determine where your child should live and any contact arrangements. Parents of children with neurodiversity can disagree with each other how best to parent their child and may need to apply to the court for a specific issue order for the judge to decide on the parenting issue that is in dispute. Furthermore the complications for assessing a child’s wellbeing and wishes and feelings can become more complicated if domestic abuse is a consideration and concern.

How does the Court make welfare decisions for neurodiverse children?

The Court’s paramount consideration when making any decision relating to the care of a child is what is in the child’s best interests.

The Courts refer to section 1 of the Children Act 1989 which sets out the ‘Welfare Checklist’ to assist in determining the issues. The most relevant factors from the Welfare Checklist, if your child is neurodivergent will include:

• Wishes and feelings
• Physical, emotional and educational needs
• The likely effect of any change in circumstances

This is set out in practice in the case of Re K, L & M (children) (child arrangement orders), where the subject child was 15 years old and had been diagnosed with Autism. The Court, in this case, found that the Father was unable or unwilling to understand how his turbulent emotional state could confound and upset his child, and there was a history of violence by the Father against the child.

Due to this, the Court made a rare order for no direct contact between the father and the children until the child reached the age of 18 due to the exceptional circumstances relating to the father’s behaviour, the child’s emotional needs and the heightened need for safeguarding and certainty due to his autism.

A child’s diagnosis of a neurodevelopmental condition would and should be carefully considered when ascertaining their wishes and feelings. If the Court determines the need for a Family Court Advisor or an Independent Social Worker to prepare a Section 7 Report, then it is important that the individual appointed has the necessary expertise in working with neurodiverse children and that any conditions are identified as early as possible. Any court appointed cafcass officer should interact with knowledge to better understand the child’s views and/or to inform the court of any additional challenges the child may face (an example being that if there is a drastic change to their current contact routine).

Consideration should also be given as to whether the child should be supported by an intermediary in any interviews, or whether the case warrants the child to have their own representation.

Unfortunately an abusive parent who attempts to punish the other parent can post separation use the vulnerabilities of a neurodivergent child by not providing a safe place to be themselves or meeting their unique needs, during contact. They fail to plan activities in plenty of time and create a sense of uncertainty and lack of structure. These parents will often deny their child is neurodivergent and ignore their wishes and feelings. A child can be ignored or punished if they display distress in relation to sensory overload. Sensitivities to light or sound are dismissed along with things that would help such as dimmable light bulbs, headphones or limiting noise of music or TV within rooms. All too often the abusive parent will rigidly obstruct professionals including schools and GP’s

It is very important that if you are going through child arrangements in the family court that you highlight your child’s needs and requirements to cafcass and social workers at the earliest stage to ensure that your child or children’s unique experience of the world is fully taken into consideration.

If you would like support with child arrangements and child contact please get in contact with us.

info@womensmckenziefriend.com