The impact of ADHD in court proceedings and how solicitors can help.
Family court proceedings are widely acknowledged to be stressful, emotionally charged and procedurally complex. For parties with Attention Deficit Hyperactivity Disorder (ADHD), those challenges can be significantly amplified. Yet ADHD remains frequently misunderstood within the family justice system and its impact on a party’s ability to engage with proceedings is often overlooked.
ADHD: more than difficulty concentrating
ADHD is a neurodevelopmental condition affecting attention regulation, executive functioning, impulse control and emotional regulation. Whilst commonly associated with childhood, ADHD persists into adulthood and affects each individual differently.
Importantly, ADHD is not a lack of intelligence, care or commitment. However, the way court proceedings are structured often assumes a neurotypical ability to process information, manage time and regulate emotions under pressure. This can put those with ADHD at an unfair disadvantage if accommodations are not made.
The practical challenges in the Family Justice System
Parties with ADHD can face difficulties at every stage of family court proceedings, including:
1. Processing large volumes of information
Proceedings generate extensive paperwork: applications, statements, disclosure, orders and correspondence. Individuals with ADHD may feel overwhelmed by the volume alone, struggling to identity what is urgent, relevant or requires action.
2. Managing deadlines
Time blindness and executive dysfunction can make deadlines difficult to manage. Missed forms or late disclosure may be perceived as non-compliance or lack of engagement.
3. Giving clear and consistent instructions
Individuals may struggle to organise their thoughts chronologically, recall events consistently or prioritise information.
4. Emotional overwhelm
Family court proceedings are emotionally intense. ADHD can affect emotional regulation, meaning that parties may react strongly to correspondence, hearings or perceived criticism. This can lead to impulsive emails and heightened conflict.
5. Courtroom expectations
Interrupting, fidgeting, difficulty staying focused or responding impulsively can be misinterpreted by the court as disrespectful or evasive, rather than as manifestations of ADHD.
One of the most significant difficulties for parties with ADHD is that their behaviour is misread. Missed appointments, delayed responses or apparent disorganisation may be viewed by professionals as a lack of commitment and not a manifestation of ADHD traits.
This is of particular concern in child arrangement proceedings, where a perceived lack of commitment can have serious consequences in the outcome of the case.
Family solicitor role: bridging the gap
Family solicitors play a crucial role in ensuring that ADHD does not becomes an invisible disadvantage.
This includes:
- Recognising when ADHD may be affecting a client’s engagement
- Adapting communication style to ensure advice is understood and retained
- Supporting clients through complex procedural steps without judgement
- Ensuring the client’s difficulties are not unfairly characterised as obstruction or indifference
- Applying to the court for accommodations where necessary
Reasonable Adjustments
Each individual’s adjustments will be tailored to their own experiences and there are various special measures that can be requested. Some examples of accommodations that can be made are:
- Virtual hearings: allowing the individual to remotely attend a hearing from an environment that is familiar and less overstimulating
- Privacy screens: assist in reducing visual distractions and anxiety from eye contact requirements
- Environmental amendments: examples could include requesting removal of ticking clocks or turning off fluorescent lights where possible
- Alternative evidence methods: allowing pre-recorded testimony, written evidence or using visual aids when oral testimony proves challenging
- Allowing sensory tools/self-regulation aids: ensuring everyone in the court room is aware of the necessity of the items and that they help the individual focus
If you are neurodivergent, or suspect that you are, and are going through Children Act Proceedings, separation or divorce, please contact Evangeline Evans or another member of our Family & Matrimonial Team.
