Family Law Act & Children with Special Needs: Court Orders, Experts and Mediation Considerations

Family law specialists Beth Jarman and Antonia Marran present a paper on applying the Family Law Act to children with special needs, focusing on three common categories seen in court: life‑threatening medical conditions, psychological and behavioural disorders, and chronic developmental/neurodivergent conditions (including ASD and ADHD). They outline why separation and parental conflict can worsen symptoms, the need to gather diagnosis and treatment information early, and practical questions practitioners and mediators should ask. They note gaps in Australian legislation and practice guidance, discuss the importance of appropriately qualified experts and tailored parenting orders, and warn against conventional “one size fits all” arrangements that prioritise equality over a child’s functioning. Case examples (including Cullen & Cullen, Kosmakis & Ganidis, and Bosch & Anemaa) highlight the emphasis on consistency, coordinated therapeutic interventions, and, in some matters, sole parental responsibility and supervised or limited time due to conflict and the child’s needs. 00:00 Welcome And Speakers 01:15 Why This Paper Matters 02:56 Defining Special Needs 06:17 Life Threatening Conditions 08:43 Psychological Behavioural Disorders 11:26 Neurodivergence Explained 16:18 Gaps In Family Law Framework 18:22 Choosing The Right Experts 22:09 Drafting Better Parenting Orders 23:19 Orders For Medical Needs 25:10 Orders For Behavioural Needs 27:48 Orders For Neurodivergent Kids 29:35 Two Home Transitions 30:13 Conflict And Rejection 30:57 Child Views And Supports 32:26 Case Study Cullen 38:52 Case Study Kosmakis 43:40 Case Study Bosch 46:45 Mediation Preparation Tips 48:53 Screening And Intake 51:41 Templates And Wrap Up