SEND and Children Act arrangements on divorce

SEND and Children Act arrangements on divorce | Monday 5 January 2026 | 4 min read

Having a child with Special Educations Needs and Disabilities (SEND) can place additional pressure on families, particularly where families have separated. Not only are adults finding their way through new routines and life as a single parent, but children often have complex needs

Considerations on separation:

Divorce can be confusing and frightening for children, even when it’s amicable. They need to adjust to having two homes, different routines, and spending less time with each parent — changes that can be especially difficult for children with additional needs to grapple with.

Common concerns for parents include:

• Managing and arranging the logistic of care on a daily basis as a single parent
• Possible conflicts over important medical decisions, expert interventions and medications. I have had cases where one parent does not accept a diagnosis and does not consent to any course of recommended treatment or medication. Decisions in relation to medical needs have to be made jointly by both parents, as they both have Parental Responsibility for the child. In circumstances like these, if they cannot be resolved a Specific Issue application can be made to the Court to determine the issue
• The impact the divorce will have on the children and how to manage any fall-out or changes in treatment plans as a result of the divorce.

Resolving finances to reflect an additional financial provision for children.

Separating parents need child-cantered outcomes that support the child’s emotional well-being and financial security. Where there is a SEND child involved, a one-size-fits-all approach simply isn’t suitable. Each case must be handled with a bespoke strategy that reflects the unique needs and circumstances of the family.

This process requires an empathetic, practical approach from the legal representatives—ideally, experienced professionals who specialise in both financial and children matters.

Why Familiarity and Routine Matter

Stability is more than just helpful — it’s essential. During a separation or divorce, maintaining routines and familiar patterns provides security during the transition between two homes and provide a buffer to the disruption.

Simple, consistent actions — like one parent always doing the school run or taking the child to a regular weekend activity — can make a significant difference. School continuity also helps maintain predictability and much-needed reassurance.

When a child is particularly sensitive, whether they have identified special needs or not — parents must work closely, showing empathy, flexibility and willingness to compromise. Children may struggle with unfamiliar homes, new partners, or changes in routine, and may need clear information about what they will be doing with each parent.

Parenting arrangements may need to be more tailored:

• The non-resident parent might need to opt for shorter but more frequent contact instead of overnight stays.
• Standard contact schedules may not meet the child’s emotional or developmental needs.
• Shared care arrangements may not be suitable if the child finds change overwhelming.

Reducing conflict is vital, as children can find parental tension difficult to process. Shielding them from arguments or hostility is important to their emotional well-being.

Two-homes considerations

A home is often far more than a physical space. For children with conditions such as autism or ADHD, familiar environments can be essential for emotional security. When dividing time between two homes, additional considerations can arise:

•  One home may be fully adapted to the child’s needs
•  One parent may live closer to the child’s current school or healthcare providers
•  Medical supplies or specialist equipment might need to be duplicated in both homes

These considerations highlight the need for a carefully planned parenting arrangement based on the child’s specific needs.

Stability is not optional for children – it is foundational, every effort should be made to preserve continuity and security. Legal professionals, educators, and parents must work together to keep the child’s needs at the centre of every decision. A flexible, thoughtful approach can help children cope and thrive during major change.

For more information, or to speak with one of our family law solicitors please do contact us.

• 

  Sonal
  Parekh (née Teli) Associate Solicitor
  Family Law Team

  • Phone 01727 798 060
  • Email sonal.parekh@salaw.com