Divorce is something of a sticky subject, and one which many family units unfortunately find themselves needing to broach. With as many as 80,000 couples divorcing in 2022 alone – and at an historically low rate, at that – divorce is an ever-present reality that touches hundreds of thousands. When it comes to divorce, there is one topic that takes complete precedence over any other: children.
Where children are involved, custodial decisions are paramount, above and beyond any personal intentions towards assets or splitting of savings. The waters get even choppier with respect to children with special needs; the complexity of their needs amount to additional considerations, from parental capacity to financial support and beyond. How might a divorcing couple navigate divorce where children with special needs are involved?
Custody and the Law
While children with such life-altering conditions have extremely specific needs, the basics of the law with respect to child custody and wellbeing still stand. As enshrined in the United Nations Convention of the Rights of the Child (UNCRC), the security and wellbeing of the child is a right, and one which UK courts will naturally prefer over any other considerations relating to parental opinions or requests.
That a given child has special educational needs or a disability (SEND) makes little difference with respect to these essential rights, which already account for said needs by ensuring children of divorce receive the best possible outcome in accordance to their own best interests.
However, there are additional protections placed by the court to ensure the best outcomes with respect to specific conditions; investigation and assistance come from the Children and Family Court Advisory and Support Service. Where court proceedings are concerned, experienced legal counsel with relevant expertise would be the essential option for communicating a case as a parent.
Tailored Parenting Plans
In order to make the best possible life for a SEND child after divorce, both parents (where possible) must actively collaborate to ensure the right routines are in place for their child. This is easier said than done even in amicable divorce proceedings, and mediation or collaborative law sessions may be necessary to iron out the details in a meaningful and positive way.
Where an ex-spouse was an abusive or violent partner and parent, the other spouse will naturally be aiming for full custody – and will need to prepare a tailored plan for full-time management of their child’s unique needs accordingly.
Child Maintenance and Finances
Divorce proceedings, of course, also engage with the dividing of assets and finances; where SEND children are concerned, child maintenance payments may be adjusted to account for the costs of special care or support. These costs would need to be outlined as part of a parent’s case in the divorce, in order to guarantee consideration by the court.
