Divorce is often a challenging and emotional journey for any family, but when a child with special educational needs (SEN) or autism spectrum disorder (ASD) is involved, particular considerations need to be taken into account.
At Slater Heelis, we understand the importance of creating tailored solutions that prioritise the well-being of every child, especially those with additional needs. This article explores the unique challenges families face during divorce and how our expert family legal team can help achieve the best outcomes for all involved.
Unique Challenges for Families with a Child with Special Educational Needs
Children thrive on stability, routine, and familiarity—elements that can be significantly disrupted during a divorce. For children with autism spectrum disorder (ASD) or other neurodivergent conditions, these disruptions can be particularly overwhelming. Parents navigating this process often face several pressing concerns:
- Care Logistics: Ensuring consistent, specialised care and support becomes more complicated when a family separates. Questions about who provides care on which days and how routines will be maintained require careful planning.
- Medical and Educational Decisions: Decisions about medical treatments, therapies, and educational pathways can become contentious, particularly if parents hold differing views. Mutual consent is often required for key interventions, creating potential roadblocks.
- Financial Strain: The cost of therapies, equipment, and tailored education plans adds financial complexity to divorce agreements. Future financial planning must account for these ongoing needs.
- Emotional Impact on All Children: While the focus is naturally on the child, siblings may also feel the strain of divorce. Balancing the needs of all children is critical to maintaining family harmony.
Tailored Approaches to Child Arrangements
At the heart of any divorce involving an SEN child is the need for bespoke child arrangements. The aim is to create a plan that ensures the child’s emotional and physical needs are met, while minimising stress and disruption.
Co-Parenting and Collaboration
Whenever possible, we encourage parents to work together to create a mutually agreeable child arrangement plan. Collaborative law and mediation can provide a supportive environment for discussions, reducing the confrontational nature of traditional court proceedings. These approaches are particularly beneficial in SEN cases, where maintaining a cooperative relationship is vital for the child’s well-being.
Child Arrangement Orders (CAOs)
If an agreement cannot be reached, a Child Arrangement Order (CAO) may be necessary. This legally binding document outlines who the child will live with, who they will spend time with, and how contact will be facilitated. In cases involving SEN children, the court carefully considers:
- The child’s specific needs and how they will be met in each parent’s care.
- The child’s views, where appropriate, and their ability to express them.
- The suitability of each parent’s living arrangements, including adaptations required for the child’s care.
CAOs typically end when a child turns 16, but exceptions can be made in extraordinary circumstances. For older children or those with significant disabilities, the Court of Protection may become involved to ensure appropriate care arrangements are in place.
Ensuring Stability and Routine
For many children, the home environment is a cornerstone of their well-being. Divorce often necessitates the creation of two separate households, which can present unique challenges:
- Home Adaptations: Homes may need modifications to accommodate physical disabilities or other specialised needs. This can include everything from medical equipment to sensory-friendly spaces.
- Location Considerations: Proximity to schools, therapy centres, and medical providers is often a determining factor in deciding where the child will live.
- Duplication of Resources: Parents may need to replicate certain accommodations, such as therapy equipment, in both homes to ensure continuity.
Maintaining a consistent routine is equally vital. From school drop-offs to bedtime rituals, small details can make a big difference in providing a sense of security for the child. Parents should aim to preserve these routines as much as possible, even when living apart.
Addressing Emotional Needs
The emotional impact of divorce on an SED child cannot be underestimated. Changes to their environment, routine, and family dynamics can be confusing and distressing. It is crucial for parents to:
- Communicate Clearly: Use simple, consistent language to explain the situation in a way the child can understand.
- Minimise Conflict: Avoid exposing the child to parental disagreements, as this can heighten their anxiety.
- Seek Professional Support: Therapists and counsellors with experience in ASD and SEN can provide valuable strategies to help the child cope.
Practical Tips for Parents
- Prioritise the Child’s Needs: Focus on what works best for the child rather than adhering to traditional parenting schedules.
- Be Flexible: Recognise that the usual shared care arrangements may not be suitable for a child with special educational needs.
- Utilise Expert Advice: Engage family law specialists with experience in SEN cases.
- Create a Detailed Plan: Document routines, medical needs, and care arrangements to ensure clarity and consistency.
How Slater Heelis Can Help
At Slater Heelis, we take pride in offering a holistic approach to family law. We understand that every family is unique, and this is especially true when children with special educational needs are involved.
We also recognise that divorce is not just a legal process but an emotional journey. Our team is committed to helping you navigate this challenging time with empathy, professionalism, and a focus on achieving the best possible outcome for your family.
If you have a child with special educational needs and you’d like to talk to one of our team call us on 0330 111 3131 or fill out our online contact form.