Child Inclusive Mediation: Risks, Realities, and Red Flags
Release Date: 11/12/2025
The Divorce Course Podcast
🎧 Listen to this episode if… You've been told "add-backs are dead" by your lawyer or your ex Your ex is wasting the property pool and you don't know how to stop it You've watched assets disappear since separation bank accounts, cars, super You're heading into mediation and need to know what to argue You want to understand what the Shinohara & Shinohara Case and Shamon & Sharon Case actually mean for your case You're worried about delay tactics while your ex quietly drains the joint money ⚠️ Legal Disclaimer This podcast is general information only – it is not legal...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You want to understand if domestic violence can affect your property or parenting outcome You've been told by a lawyer to "leave the family violence out" of your case You're scared raising coercive control or domestic violence will backfire on you in mediation You're confused by social media saying the courts ignore family violence Your ex is still using coercive behaviour even after separation You're heading into mediation or court and don't know how to bring it up ⚠️ Legal Disclaimer & Family Violence Trigger Warning This episode...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You’re about to go through property settlement in divorce You’re focused on the percentage but unsure what it actually means You’re dealing with complex finances (trusts, companies, super, shares) or Simple Property Settlement You want to avoid making a financial mistake that costs you years You’re wondering whether to take the house, cash, super or investments ⚖️ Legal Disclaimer & ⚠️ Family Violence Trigger Warning This episode contains discussion of family violence, coercive control, and financial control, which may be...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You’re arguing over furniture or household items in divorce Your ex has taken everything or won’t give anything back You’ve been told “you can’t take anything if you leave” You want to avoid wasting money on legal fees over small items You’re trying to work out what’s actually fair vs worth fighting for Legal Disclaimer & Family Violence Trigger Warning This episode contains discussion of family violence, coercive control, and separation dynamics, which may be distressing for some listeners. If you are unsafe, do not attempt to...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You or your ex has a serious illness or disability You’ve been a carer during the relationship You have ongoing medical expenses You’re worried about future financial support after separation You want to understand how courts assess health in property settlement ⚖️ Legal Disclaimer This podcast is for educational purposes only and provides general information about Australian family law. It is not legal advice. Every situation is different, and you should seek independent professional guidance for your circumstances. What...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You feel like your ex knows things they shouldn’t You suspect you’re being tracked, monitored, or watched You’re going through separation and worried about digital safety Your ex had access to your devices, passwords, or accounts You want to protect yourself and your children from tech-based abuse What if your ex knew where you were… who you were talking to… and what you were saying — without you ever telling them? In this episode, we’re joined by Catherine Plunkett, Director of Safety Net Australia at WESNET, to unpack the growing...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You’ve been told to attend mediation but feel unsafe agreeing to child care arrangements Your ex is pushing for 50/50 care and you don’t believe it’s appropriate for the kids You’re dealing with substance abuse, family violence, or safety concerns and your child's safety You feel pressured to compromise at mediation when you don’t want to You want to understand your options without giving in on safety Have you been told you need to go to mediation, but you’re worried about the outcome because you simply cannot budge when it comes to your...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You are about to negotiate parenting orders or a parenting plan Your coparent is high conflict, manipulative or controlling You’re worried they will twist agreements or exploit loopholes You’re preparing for mediation or family court for parenting orders You want parenting orders that actually reduce future arguments Family Violence & Legal Disclaimer This episode contains discussion of family conflict and family violence which may be distressing for some listeners.If you are experiencing family violence or feel unsafe, please contact...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You are separated but still living under the same roof as your ex You feel stuck in the house and don’t know how to move forward You want to know what an ouster order is You want to understand sole occupancy Someone told you if you leave the house you will lose your rights to it You want to understand what you can legally do to create space after separation Your ex refuses to move out and you don’t know what your options are You’re wondering whether you can make your ex leave the house You’re dealing with a manipulative, avoidant,...
info_outlineThe Divorce Course Podcast
🎧 Listen to this episode if: You’re unsure whether what you experienced was abuse You’ve heard the term “coercive control” but don’t fully understand it You feel confused, guilty or constantly off balance in your relationship Negotiations during separation feel manipulative rather than constructive You’re worried about how coercive control affects children You want clarity and validation around your experience This episode discusses family violence and may be triggering for some listeners. If you need support, please reach out to 1800 RESPECT (1800 737 732) or Lifeline (13 11...
info_outlineListen to this episode if...
-
You’ve been offered child inclusive mediation and don’t know what to expect
-
You’re worried about how separation is affecting your child
-
You’re in a high-conflict co-parenting situation or dealing with coercive control
-
You’ve been told that involving your child in mediation will “help”
-
You want to make informed, child-centered decisions in your family law journey
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia.
In this powerful episode, Mum and I dive into a topic that’s being promoted more and more in family law: Child Inclusive Mediation. On the surface, it sounds like a child-focused solution. But is it really in the best interest of your child?
We break down what child inclusive mediation actually involves, why it’s not always as neutral or helpful as it’s made out to be, and the serious emotional and legal implications it can have especially in high-conflict separations or situations involving coercive control.
From personal reflections to legal insights, we share why we're concerned about this process and what you need to consider before agreeing to include your child in any mediation setting.
What You'll Learn
-
What child inclusive mediation really means in practice
-
The difference between therapeutic support vs. pressure on children to speak up
-
When this process might backfire emotionally or legally
-
Why family reports may be a safer and more protective alternative
-
Red flags and questions to ask before you say yes
⏱️ Episode Timeline: Is Child Inclusive Mediation Helpful or Harmful?
00:00 – Introduction: What Is Child Inclusive Mediation?
An overview of this growing mediation trend in family law and why it’s controversial.
01:29 – How the Mediation Process Works in Parenting Disputes
Understanding how mediation fits into separation and custody discussions.
03:44 – Defining Child Inclusive Mediation in Australian Family Law
Breaking down what actually happens when children are included in mediation.
05:52 – The Risks and Red Flags of Child Inclusive Mediation
Emotional pressure, manipulation, and when this process may do more harm than good.
08:00 – Confidentiality Issues and the Emotional Toll on Children
What children are told, how their information is used, and the psychological impact.
13:42 – The Problem with Over-Interviewing Children in Family Law
Why repeated interviews can traumatize kids and undermine the process.
20:00 – Real Concerns About Child Inclusive Mediation in Practice
Legal and ethical questions raised by lawyers, parents, and professionals.
21:07 – How Child Inclusive Mediation Affects Older Children
Teen-specific concerns, autonomy, and the danger of putting kids in the middle.
23:42 – Family Reports vs. Child Inclusive Mediation
A safer alternative? What to expect from a court-ordered family report.
24:41 – DIY Divorce Blueprint: Free Resource Mentioned
How to get practical tools to guide you through separation and co-parenting.
28:27 – Key Questions to Ask Before Agreeing to Child Inclusive Mediation
What to consider if this process has been suggested to you.
32:49 – Final Thoughts: Protecting Your Child’s Voice and Mental Health
Wrapping up with a parent-first, child-protective perspective.
Resources
Central Practice Directions
https://www.fcfcoa.gov.au/fl/pd/fam-cpd
Free Disclosure Checklist
https://www.thedivorcecourse.com.au/disclosurechecklist
🚨 Support Services:
-
1800 RESPECT (Family Violence Support – Australia)
-
Lifeline: 13 11 14 (Crisis Support – Australia)
📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.
📲 Don’t forget to follow, rate & review the podcast if you found this episode helpful. Share it with someone who might need it too!