This week is Neurodiversity week. Autism is an example of Neurodiversity.
What is Autism?
Autism is a developmental condition. A person with Autism can have difficulties with social communication and interaction, have restricted and repetitive behaviours and atypical sensory experiences. Autism affects around 1% of the UK population. Males are more frequently diagnosed with Autism, although research shows that this is most likely as a result of females being more likely to “mask” the typical traits of Autism. An individual with Autism is highly likely to experience anxiety, depression and mental health problems.
When discussing Autism, it is important to consider language. A recent survey of the Autism community concluded that those with Autism preferred the term “Autistic person” or “on the spectrum”.
The study referred to above, highlighted that professionals within the legal justice system (including Lawyers, Judges and CAFCASS) have in general, limited knowledge regarding the Autistic person. They also found that those on the spectrum engaging with the family justice system felt marginalised as a result of their Autism. The recent guidance from the Family Justice Council is a positive step in the right direction.
A separation, whether that be as a result of marriage or not, can be highly stressful. For an individual on the spectrum, anxiety levels are, on a daily basis, likely to be significantly higher than the neurotypical person (an individual not on the spectrum) and therefore engaging with Solicitors and taking the step to file an application with the Court means it is likely that a constant state of heightened anxiety is inevitable. It is therefore important for individuals on the spectrum seeking legal advice because of a separation, seek out the advice and support of Solicitors and professionals who will see the world through their lens and be their advocate at every step of the process.
In the Family team, we know how important it is to have consistency and good communication. We understand that it will often be easier for an Autistic person to meet in person or via Teams rather than on the telephone. We are happy to take a sensory audit of the meeting room before seeing a client on the spectrum. We understand that it can be difficult for an autistic person to process information and therefore the way we communicate is vitally important, including adjusting our eye contact to meet their level of comfort. Bullet points rather than lengthy correspondence are often helpful. Often, it is easier for the autistic person to read correspondence with a contrast such as grey and white rather than black and white which can be too overwhelming.
We have worked with many Autistic clients and continue to make adjustments to help clients through a difficult time. We also work with clients who are raising an Autistic child. Marriages and relationships break down for many reasons. A very high percentage of couples raising a child with additional needs or disabilities will separate by the time that child reaches 18. Autistic children often have complex needs. A family that are raising a neurotypical child and a neurodivergent child, often struggle with the juggling of very differing needs.
If you are a neurodiverse individual, or suspect that you are, and are thinking about separating or are going through a separation or divorce, please feel free to contact us on 01206 71968. We offer a free exploratory call with our lead expert MaryCarmel Wilson, who has specific experience in relation to assisting the neurodiverse client and clients with neurodiverse children or an ex-partner. If you have children who have a SEN diagnosis, and you require bespoke advice in relation to their needs, MaryCarmel Wilson can provide you with tailored advice, specific to the child (or children’s) individual and complex needs.
