The Divorce Course Podcast

Can Kids Decide Where They Live After Separation? How Children's Wishes Actually Count in Family Law

The Divorce Course Podcast

Show Notes

🎧 Listen If… Your child has said they don't want to go to the other parent's house

Your ex keeps saying "once they turn [a certain age] they can choose"

You're worried your child is being pressured, coached, or caught in the middle

You're hearing two completely different stories from your kids at handover

You're amicable and thinking of just "letting the kids decide" (please listen first)

You want to understand how children's views actually reach the court

General information only not legal advice. Always consult a qualified family lawyer about your situation.πŸ›Ÿ Discusses family violence & coercive control. In danger: 000. Support: 1800 RESPECT (1800 737 732), Lifeline 13 11 14. About This Episode Mum and I unpack what the Family Law Act actually how children's views really reach a judge (family reports, child impact reports, ICLs), and how kids' wishes play out across the four divorce personality types. ⏱️ Timeline 00:00 Can a Child Choose Which Parent to Live With? 02:00 Why the Family Court Won't Ask Kids to Choose 06:27 The Best Interests of the Child Test (Section 60CC) 09:06 What Age Can a Child Decide Where to Live? 11:34 How a Child's Wishes Are Actually Heard in Family Law 13:25 Child-Inclusive Mediation Explained 15:22 Therapy, Family Reports & Expert Evidence 19:48 How to Get a Family Report Outside of Court 22:35 How Family Violence Changes Parenting Decisions 27:22 2024 Family Law Reforms & Common Custody Myths 28:29 Can You Force a Teenager to Follow Parenting Orders? 31:58 The Reality of Enforcing Orders With Teens 33:03 How to Future-Proof Your Parenting Orders 34:03 Why Older Teens Have More Say in Where They Live 34:35 The Manipulative & Controlling Ex: Hidden Motives 36:42 How to Spot Coercion & Coaching Tactics 39:04 Love Bombing, Bribery & When the Mask Slips 41:54 High-Conflict Exes: Kids Caught in the Middle 45:20 The Avoidant Parent & Parentification 49:02 Amicable Co-Parents: Why You Still Shouldn't Let Kids Decide 51:07 Key Takeaways: Voice Heard, Not Decision Made 54:43 Closing Notes & Legal Disclaimer 🎧 Episodes Mentioned Decoding the Child's Best Interests Referenced when discussing the full 60CC best-interests factors https://youtu.be/k4-QTbfW8XM?si=4ltIq0y0ceoMQWym

Child-Inclusive Mediation Referenced when discussing how children's views are gathered out of court. https://youtu.be/HrEU6dFc0Ko?si=xvSAyfnMJ9oEfXnN

Handover Hell – When Your Child Refuses to Go Referenced at the end for listeners dealing with handover-day resistance https://youtu.be/YphzOPZmC3k?si=Wf1RwzJMf-ix4N4K

Support & Resources πŸ“ž 1800 RESPECT 1800 737 732 | Lifeline 13 11 14 | Police 000 The Divorce Course β†’ https://www.thedivorcecourse.com.au If this helped, please follow, rate, review and share The Divorce Course Podcast so others can find it too. All our best, Laura & Lyn – Your Guides By Your Side

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Oct 20, 2026

🎧 Listen to this episode if… - You dread every text from your ex and screenshot messages "just in case" - Your co-parent avoids, delays or denies every conversation that matters - You can't get a straight yes or no - You carry the mental load of every reminder, newsletter and schedule - You've been told to "document everything" and want it done automatically ⚠️ General information only not legal advice. Australian family law; always consult a qualified family lawyer about your circumstances. πŸ›Ÿ This episode discusses family violence and coercive control. If you're in danger call 000. Support: 1800 RESPECT (1800 737 732), Lifeline 13 11 14. unpack the co-parenting app that courts here actually trust. ⏱️ Episode Timeline 00:00 – Dreading Texts From Your Ex? Why You Need This Episode 01:00 – Meet Erin Green From OurFamilyWizard Australia 02:00 – Why Avoidant Co-Parents Stop Communicating 05:00 – The Amicable Trap: Becoming the Communication Manager 07:00 – What Is OurFamilyWizard? The Co-Parenting App Explained 08:00 – Uneditable, Encrypted Records vs Deleted Text Messages 10:00 – Calls Feature: Transcripts and Documented Call Activity 11:00 – Family Violence Orders: Calling Without Sharing Your Number 12:00 – The Shared Calendar and Change Requests Without Drama 15:00 – Expense Tracking: Invoices, Receipts and Proof for Court 17:00 – The Info Bank: Schools, Medications and Clothing Sizes 18:00 – Who Uses OurFamilyWizard (And When Courts Order It) 20:00 – Putting the App in Your Consent Orders 21:00 – Timestamped Messages: No Deleting, No Rewriting History 22:00 – Free Divorce Webinar With Laura & Lyn 23:00 – Court-Admissible PDFs and Professional Access 25:00 – The AI Writing Assistant That Flags Escalating Language 27:00 – Message Search + Safety for Survivors of Abuse 29:00 – Word Salad, Yes-or-No Requests and Coercive Control 31:00 – Check-Ins and Location Privacy After Family Violence 33:00 – A Tool, Not a Safety Plan: Tech Stalking Reminders 34:00 – What If Your Ex Refuses to Use a Co-Parenting App? 36:00 – Protection Orders, Mediation and Raising the App 37:00 – Fee Waivers for Family Violence and Financial Duress 38:00 – Defence Force Discount Explained 40:00 – OurFamilyWizard Cost: Essentials, Premium and Max 43:00 – Erin's Best Advice: Pause Before You Reply 44:00 – What to Embroider on a Cushion This Week 🎧 Episodes Mentioned Coercive Control and Your Kids – https://podcasts.apple.com/au/podcast/coercive-control-and-your-kids-how-to-protect-your/id1503451022?i=1000777679728 Co-Parenting With a High Conflict, Narcissistic or Avoidant Ex – https://podcasts.apple.com/au/podcast/co-parenting-how-to-successfully-do-it-even-with-a/id1503451022?i=1000559535573 Take the Divorce Personality Quiz – https://podcasts.apple.com/au/podcast/take-the-divorce-personality-quiz-learn-why-your/id1503451022?i=1000748290587 Is Your Ex Watching You? Coercive Control Goes Digital – https://podcasts.apple.com/au/podcast/is-your-ex-watching-you-coercive-control-goes-digital/id1503451022?i=1000758578403 Creating a Safety Plan Before You Need One – https://podcasts.apple.com/au/podcast/from-fear-to-freedom-creating-a-safety-plan-before/id1503451022?i=1000741625311 Co-Parenting Without Court Orders – https://podcasts.apple.com/au/podcast/co-parenting-without-court-orders-the-real-rules-and/id1503451022?i=1000735234386 πŸ”— Links & Resources OurFamilyWizard Australia – https://www.ourfamilywizard.com.au Fee waiver (via your lawyer, mediator or support professional): [email protected] Help using the app: [email protected] πŸ“ž 1800 RESPECT – 1800 737 732 | Lifeline – 13 11 14 | πŸš“ Police – 000 🌐 www.thedivorcecourse.com.au – free webinar: click "Reserve My Seat" πŸŽ“ Blog: www.thedivorcecourse.com.au/blog

Oct 15, 2026

🎧 Listen if you… - Keep hearing "you're not getting more than 50/50" from your ex - Are stuck yelling percentages at each other and getting nowhere - Feel greedy asking for what's actually fair - Want your proposal backed by real law before mediation

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🎧 Listen to this episode if… You have no idea what's happening with the kids this Christmas

Sep 30, 2026

🎧 Listen to this episode if… You've sent emails and heard nothing back for weeks The strategy has completely changed without a discussion The family violence you disclosed isn't even in your affidavit Your lawyer is great at invoices but not much else You're thinking about leaving your lawyer but don't know the steps ⚠️ Disclaimer: General information only, not legal advice. Based on Australian family law. Always get independent legal advice, and consider all aspects before deciding to leave your lawyer. πŸ›Ÿ This episode discusses family violence and coercive control. If you're in danger call 000. Support: 1800 RESPECT (1800 737 732). About this episode: Bad lawyer, bad fit – or a good lawyer having a bad month? Mum and I walk through what a good lawyer relationship looks like, reasonable response times, why strategies change (and when backpedaling is a red flag), what to do when your lawyer minimises family violence, how to question a bill without feeling horrible, the repair conversation to have before you leave, and the exact steps to change lawyers without leaving yourself in the lurch. You're the client – it's okay to ask questions. ⏱️ Timeline 00:00 – Warning Signs Your Divorce Lawyer Might Be the Problem 01:00 – Why Family Lawyers Are Hardworking (And Human) 02:00 – You're the Client: Permission to Ask Questions 04:00 – Legal Disclaimer and Family Violence Warning 05:00 – What a Good Lawyer Relationship Looks Like 06:00 – What Your Lawyer Should Explain Without Being Asked 07:00 – A Good First Meeting: Chronologies and Probing Questions 09:00 – Over-Promising Lawyers and the Polaroid Analogy 10:00 – How Long Should You Wait to Hear Back? 11:00 – Busy Lawyer vs Neglectful Lawyer 13:00 – Never Miss a Court Deadline 15:00 – Radio Silence? The Email to Send the Principal 16:00 – Will Complaining Make My Lawyer Hate Me? 17:00 – Trust and Full Disclosure 18:00 – The Dot-Point Chronology Trick 19:00 – Illegal Activity and Legal Professional Privilege 21:00 – Section 128 Certificates 22:00 – Affairs, New Partners and Why Lawyers Don't Judge 23:00 – Strategy Changes and Backpedaling 27:00 – Defensive Lawyers and Letters of Advice 28:00 – When Lawyers Gatekeep Family Violence 29:00 – Section 43: Safety Over Everything 30:00 – The 2024 Reforms: Is Your Lawyer Up to Date? 34:00 – What a Normal Legal Bill Looks Like 35:00 – What You Can Question in a Bill 38:00 – The Repair Conversation 39:00 – Meeting the Principal and Testing Their Reaction 41:00 – Project Managing Your Case 43:00 – Leaving Your Lawyer: Pause the File, Check Timing 44:00 – Find Your New Lawyer First 45:00 – Outstanding Bills and Court Portal Access 46:00 – Rapid Fire: Second Opinions and Support People 48:00 – Step In, Step Out 49:00 – Is It Though? Why Questioning Is Everything 🎧 Episodes mentioned: Legal Gatekeeping: Is Your Lawyer Telling Your Full Story? β†’ https://podcasts.apple.com/au/podcast/legal-gatekeeping-is-your-lawyer-telling-your-full-story/id1503451022?i=1000666744026 Choosing a Family Lawyer – The Red Flags Not to Ignore β†’ https://podcasts.apple.com/au/podcast/choosing-a-family-lawyer-the-red-flags-not-to-ignore/id1503451022?i=1000555058558 Take the Divorce Personality Quiz β†’ https://podcasts.apple.com/au/podcast/take-the-divorce-personality-quiz-learn-why-your/id1503451022?i=1000748290587 Decoding Divorce Word Salad Legal Letters β†’ https://open.spotify.com/episode/4qiOSiGK9yOrt0lEdqCudQ πŸ“ž 1800 RESPECT β€” 1800 737 732 | Lifeline β€” 13 11 14 | Police β€” 000 🌐 www.thedivorcecourse.com.au – free checklists + DIY Divorce Blueprint If this helped you work out whether your lawyer is the right fit, please subscribe, like and share so others can find it too. All our best, Laura & Lyn – Your Guides By Your Side

Sep 23, 2026

🎧 Listen to this episode if… Your ex is rewriting your shared history in lawyer's letters or affidavits Money is disappearing before your property settlement You suspect secret super, hidden cash, or crypto Your ex has turned your family or your own accountant against you The person who hurt you is now playing the victim You want to know these patterns are predictable and you're not alone You suspect your ex is a narc ⚠️ Disclaimer: General information only, not legal advice. Based on Australian family law. Originally recorded in 2021 – laws may have changed. Always get independent legal advice. πŸ›Ÿ This episode discusses family violence and coercive control. If you're in danger call 000. Support: 1800 RESPECT (1800 737 732) | Lifeline 13 11 14. About this episode: From the vault over 300 episodes back to one of the very first and most requested episodes we ever recorded. Mum draws on 35+ years in family law to open up The Narcissist Playbook: the 10 patterns she sees again and again with controlling and manipulative exes in divorce. If the playbook existed, it would have two chapters "I only care about me" and "I tell lies." Once you can see the patterns, you can see the next move coming. ⏱️ Timeline 00:00 – From the Vault: Why We're Replaying The Narcissist Playbook 01:00 – Family Violence Warning & Disclaimer 02:00 – The Two Rules of the Narcissist Playbook 04:00 – Pattern 1: They Rewrite History 07:00 – How to Prove the Lies: Photos, Receipts, Credibility 09:00 – Pattern 2: Spending Money Before Property Settlement 10:00 – Add-Backs: How Wasted Money Gets Counted 11:00 – Pattern 3: Secret Super, Bank Accounts and Hidden Cash 12:00 – Crypto and Digital Wallets 13:00 – Positive Credit Card Balances and Gambling Accounts 14:00 – Pattern 4: Undermining You With Family and Kids 16:00 – Building Your Support Group 17:00 – Pattern 5: Playing the Victim and DV Cross-Applications 18:00 – Keeping a Diary of Coercive Control 21:00 – Pattern 6: Parent of the Year Transformation 22:00 – Toys, Trips and Trash Talk: The Cost to Kids 24:00 – Genuine Change vs Performance 25:00 – Pattern 7: They Re-Partner Almost at Once 26:00 – Recruiting the New Partner Into the Campaign 27:00 – When the New Partner Wakes Up: Witnesses and Subpoenas 28:00 – Pattern 8: Turning Joint Professionals Against You 30:00 – Get Your Own Accountant and Team 31:00 – Pattern 9: Claiming Credit for Your Contributions 33:00 – Why Judges See Through It 34:00 – Pattern 10: Reversing the Blame 35:00 – How Courts Catch the Lies 37:00 – New Court Rules: Responding to Their Affidavit 38:00 – The Ten Patterns Recapped 39:00 – Reviewer of the Month: Free 30-Minute Consult With Lyn 🎧 Episode mentioned: Finance and Financial Planners (with Pedro) πŸ“ž 1800 RESPECT β€” 1800 737 732 | Lifeline β€” 13 11 14 | Police β€” 000 🌐 www.thedivorcecourse.com.au – free resources + DIY Divorce Blueprint βœ‰οΈ Questions: [email protected] or DM @thedivorcecourse ⭐ Review the podcast each month for a chance to win a free 30-minute chat with Lyn If this episode helped you recognise the patterns and feel less alone, please subscribe, like and share so others can find it too. All our best, Laura & Lyn – Your Guides By Your Side

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