Assumption: "If my difficult behaviour is explained by neurodivergence, trauma, or cultural background, the court has to weigh that in my favour when assessing risk to my child."
1 min readThis content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.
What People Expect
A parent may believe that if their difficult behaviour is explained by neurodivergence, trauma, or cultural background, the court has to weigh that explanation in their favour when assessing risk to the child.
Court Reality
Whatever the underlying cause of a parent's conduct, courts assess the impact of that conduct on the child, not its cause. An explanation for behaviour does not change the welfare analysis of what that behaviour does to a child.
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The Gap?
"If my difficult behaviour is explained by neurodivergence, trauma, or cultural background, the court has to weigh that in my favour when assessing risk to my child."
Court Reality
Whatever the underlying cause of a parent's conduct, courts assess the impact of that conduct on the child, not its cause. An explanation for behaviour does not change the welfare analysis of what that behaviour does to a child.
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