In 2021, Canada’s Divorce Act and Ontario’s Children’s Law Reform Act (CLRA) were amended to prioritize family dispute resolution. Counsel must now inform clients about mediation and other ADR options and certify this in court filings. As a family law lawyer, I see daily how these changes help families resolve parenting, support, and property issues more efficiently and with less conflict.
Much of this area of work involves neurodiverse parents and children, and so it is mandatory that family law lawyers possess a working understanding of neurodivergence.
Neurodiversity refers to the diverse range of neurological conditions that affect how individuals think, learn and interact with the world. Conditions such as autism spectrum disorder (ASD), attention deficit/hyperactivity disorder (ADHD) and dyslexia exemplify this diversity.
The Canadian Centre for Diversity and Inclusion emphasizes that neurodivergence should not be viewed through the lens of disability; rather, it highlights the varying ways individuals process information and communicate.
Statistics indicate that approximately 15-20% of the population may be neurodivergent, which suggests that a substantial number of family law clients – whether they are parents, children or other involved parties – may experience these conditions. This demographic reality necessitates a rethinking of how lawyers, judges and mediators approach family law cases.
Family law often deals with sensitive issues such as parenting disputes and child welfare, which is particularly challenging for neurodiverse individuals. Neurodivergence can affect how clients understand legal proceedings, how they communicate their needs, and how they navigate emotional challenges. In parenting disputes, understanding a child’s neurodiverse needs can significantly influence decisions about placement, parenting and decision-making.
Common misconceptions about neurodivergent individuals – such as assumptions about their credibility based on nonverbal cues or memory – can lead to unfair treatment in legal proceedings. It is crucial to recognize that behaviours such as avoiding eye contact or providing seemingly disjointed answers do not necessarily indicate a lack of credibility. Rather, these behaviours may stem from the individual’s neurological makeup and should not be conflated with evasiveness or deceit.
Family law lawyers must adapt their methods to accommodate neurodiverse clients effectively in order to custom-design their communications and interactions with their neurodivergent clients, their intake process and fact-finding, their analysis of the factual matrix of the case and what legal remedies to recommend and advocate for.
This starts with creating an environment where neurodivergent clients feel safe and understood, allowing for varied communication styles and ensuring that answers are clear and accessible. For instance, breaking complex legal jargon into simpler language can facilitate better understanding for neurodivergent individuals, promoting meaningful participation in the legal process.
When applying remedies in family law, understanding neurodiversity is essential for tailoring solutions that genuinely meet the needs of all parties involved. For example, in parenting cases, the unique needs of neurodiverse children should be prioritized, ensuring that their educational and emotional support systems are adequate. Lawyers must advocate for appropriate accommodations, which can significantly improve the well-being of neurodiverse children and parents.
Continued education and training on neurodiversity are critical for lawyers. Staying informed about the latest research can help lawyers understand the complexities of neurodivergence and its implications in family law. AFCC Ontario is a tremendous source of professional education for family law lawyers.
In conclusion, family law stands out as an area where sensitivity to neurodiversity is not merely beneficial but essential. With a significant proportion of clients and children affected by neurodivergent conditions, understanding and accommodating these differences can profoundly impact the outcomes of legal proceedings. By integrating knowledge about neurodiverse communication styles and processing differences into their practice, lawyers can ensure a more just and equitable representation of their clients. Lawyers informed of neurodiversity can tailor legal strategies to meet the unique needs of such clients and thereby deliver more equitable legal outcomes.
Editorial note: This article was first published on LinkedIn in October 2025 and is republished here for reference.
Share this article on: