Podcasts · The Divorce Course Podcast
Coercive Control & Domestic Violence in Family Court: Should You Raise It or Stay Silent?
· 50 min · Episode 314
Episode Coercive Control & Domestic Violence in Family Court: Should You Raise It or Stay Silent?
🎧 Listen to this episode if:
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You want to understand if domestic violence can affect your property or parenting outcome
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You've been told by a lawyer to "leave the family violence out" of your case
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You're scared raising coercive control or domestic violence will backfire on you in mediation
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You're confused by social media saying the courts ignore family violence
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Your ex is still using coercive behaviour even after separation
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You're heading into mediation or court and don't know how to bring it up
⚠️ Legal Disclaimer & Family Violence Trigger Warning
This episode contains discussion of family violence, coercive control, post-separation abuse, and the impact of these behaviours on children, which may be distressing for some listeners.
If you are unsafe or experiencing family violence, please reach out for support.
Support is available in Australia: 📞 1800 RESPECT – 1800 737 732 📞 Lifeline – 13 11 14 🚨 In an emergency, call 000
This podcast provides general educational information about Australian family law only and is not legal advice. Laura is not a lawyer. Every situation is different, and you should seek independent professional guidance tailored to your circumstances.
Episode Summary
Should you bring up coercive control and domestic violence in your family law case… or will it backfire?
If you've been online lately, you've probably seen wildly different opinions. Some people insist the courts ignore family violence completely. Others say the system is finally taking it seriously. And then there are the lawyers quietly telling clients to "just leave it out so we can settle." So who's right?
In this episode, Mum and I unpack how coercive control and domestic violence are actually treated in Australian family law right now and the recent appeal cases that show the courts are starting to listen. We walk through real 2023 and 2024 decisions including Burnell & Rockford, Lainhart & Elinson, Dejani & Dejani, and Sad & Raymond cases your lawyer may not have caught up with yet.
We talk about Section 4AB, Section 75, and Section 79 of the Family Law Act, why mediators sometimes forget you're still being coercively controlled while sitting across from your ex, and the very real "peace at any price" trap that costs people thousands in their settlement.
If you've been silenced, dismissed, or told it's not worth raising this episode is for you.
⏱️ Episode Timeline
00:00 – Coercive Control & Domestic Violence in Family Court: Should You Raise It?
01:00 – Meet Laura & Lynette: Family Law Mum & Daughter Duo
02:00 – Trigger Warning & Legal Disclaimer (Australia & Overseas)
03:00 – Why Social Media Gets Coercive Control So Wrong
04:00 – Why Lawyers Tell Clients to Leave It Out (And Why It's Wrong)
05:00 – Judge Best's Powerful Speech: "Soften Your Gaze"
06:00 – Why Both Parents Having Issues Doesn't Mean Equal Blame
07:00 – Section 4AB: The Family Violence Definition That Changed Everything
09:00 – Why Courts Now MUST Consider Family Violence Allegations
10:00 – The Old Kennon Case vs The New Law: What Changed
11:00 – Choosing the Right Lawyer When Domestic Violence Is Involved
12:00 – "Don't Raise It Or You Won't Settle" — The Lawyer Myth
13:00 – When NOT to Mention Family Violence in Property Mediation
14:00 – The Smarter Way to Negotiate Coercive Control in Mediation
16:00 – Parenting Cases: Why You MUST Raise Family Violence
17:00 – Lainhart & Elinson 2023: The Appeal Case Every Mum Should Know
18:00 – Section 60CC: Safety of Children Now Comes First
19:00 – Why Parents Don't Tell Lawyers the Full Truth (And Why You Must)
20:00 – Coercive Control in Parenting Cases Explained
21:00 – Counselling Orders: When the Court Mistakes Lip Service for Change
23:00 – False Alienation Claims: The New Coercive Control Tactic
24:00 – 50/50 Is No Longer the Default — Here's What Replaced It
26:00 – Free Divorce Webinar With Lynette (Family Law Specialist)
27:00 – Property Settlement: How…
Links in the notes 1
Transcript
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