How Family Law Affects Children: Insights from Psychologists

10th Jun 2026 Oxford Partners Blog

Divorce and marriage separation proceedings can be tough on the whole family, but they can be particularly difficult for children. Navigating everything from conflict in the home, to family mediation sessions, and the finalisation of child custody and parenting arrangements, can see children adapting to different variations of a ‘new normal’ in quick succession, oftentimes resulting in confusion, and a lack of security following experiences of displacement. For parents, divorce and separation proceedings can already be incredibly intense and emotional to navigate for themselves. And whilst self-care is essential for anybody navigating a relationship breakdown, child psychologists advocate for consideration towards the impacts of separation and divorce on dependants as well, encouraging parents to communicate empathetically with their children, and ensure they maintain access to psychological support where needed. At Oxford Partners Lawyers, our empathy-driven approach to Family Law sees us working with a wide variety of specialists, from dispute resolution professionals to child psychologists. We’ve compiled the below guide using insights provided by child psychologists in our professional network. Here are just a few ways that parents can better lookout for the emotional health and wellbeing of their children while navigating a divorce or marriage separation.

Understanding the impact of divorce and separations on children

The impacts of divorce and separation on children can vary significantly based on familial contexts and home environments. Generally speaking, impacts can include emotional responses like guilt, fear, and sadness. Behavioural changes including cases of regressive behaviours (bedwetting, baby talk, thumbsucking, etc.), and even rebellious or physically risky behaviours may also be observed. There may also be social and academic impacts at school for children navigating divorce and separation, as Family Law proceedings paired with conflict in the family home may result in children feeling out of sync or othered in comparison to their happier peers. If your child has demonstrated signs of insecurity, social difficulties, or poorer academic performance at school in term reports, they may likely benefit from speaking with a dedicated child psychologist. Intervention can also be arranged via the school through an appointment with their school counsellor.

How to support your children during Family Law proceedings

For parents who may be concerned about the emotional health and wellbeing of their children during Family Law proceedings, the best step you can take is to get them the psychological help that they need as promptly as possible. Even if your children may not be able to articulate the depths of their emotional wellbeing with you, booking consistent sessions with a psychologist can help ensure that they’re equipped with the tools and techniques they need to maintain control over their emotional regulation capabilities. Here are some other actions that parents can take to better support their children through divorce or separation, and other Family Law proceedings:

Maintain communication with children and assure them that the separation is not their fault.
Avoid placing children in the middle of conflicts between parents and other adults in the family.
Refrain from using children as ‘messengers’ in emotionally loaded communications between parents, grandparents, and other adults.
Maintain familiar routines to ensure stability in living arrangements.
Ensure consistency in parenting approaches across all home environments.

The role of child psychology in Family Law reform

The experiences of children during divorce proceedings aren’t looked at in isolation. In Australian Family Law, policymakers evaluate the unique intersection between legal proceedings and research driven by child psychologists to shape outcomes of Family Law reform. A recent study on the impacts of Family Law reform published by Chalmers and Cartmel in Children Australia outlines how Australian policymakers may be able to better recognise and integrate the ‘fundamental right [of children] to express their views in all matters affecting them’. According to Chalmers and Cartmel, the limitations of children participating in Family Law proceedings are dictated by whether those children can be recognised as ‘sufficiently mature’ under definitions included in the Family Law Act 1975. Despite this, there are countless studies worldwide plus articles published by the United Nations that explores principles of child autonomy and emotional safety, recognising that children of all ages have the capacity to express poor mental health or impacts to their emotional safety. Given these insights from child psychologists worldwide, local advocates are pushing for continued investment in policy reform that includes collaboration across legal, social, and psychological services to ensure children’s views continue to be heard and adequately represented in Australian Family Law.

Child wellbeing resources for families navigating divorce or separation

While the Family Law Act 1975 is an evolving document and policy reform will continue to provide new systemic infrastructure for children in Family Law matters, parents and legal teams can still safeguard the emotional health and wellbeing of dependents involved in divorce or separation proceedings through accessing dedicated resources. Here are just a few child wellbeing resources that may be helpful for families currently navigating divorce or separation:

Family Relationships Online – accessing professional counseling services and their Supporting Children after Separation Program.
Emerging Minds – for resources on supporting the emotional needs of children in crisis.
Raising Children – for information on how to navigate divorce/separation and co-parenting arrangements for children, pre-teens, and teens.
Kids Helpline – for emergency assistance and access to counselling services tailored to kids (aged 5-12), teens (aged 13-17), and young adults (aged 18-25).
Headspace – mental health support for young people aged 12-25.
1800RESPECT – emergency line for family violence support and confidential advice surrounding conflict in the family home.

Ensure your children maintain access to support during Family Law proceedings

Family Law proceedings don’t have to be a source of stress for your children. With the daily trials and tribulations of their own lives across school, extracurricular activities, and visits across extended family, the best thing that parents navigating divorce or separation proceedings can do for their kids is to simplify the Family Law processes involving them and maintain transparent communications all the way through. If there are any emotional impacts that feel too big to navigate independently or you feel that your child may benefit from speaking with a professional, then ensure that both your child and yourself receive the psychological support you need. By continuing to check in with one another, you can make sure the fog of ongoing proceedings is lifted for your children, and any sense of displacement or crisis is swiftly and thoroughly resolved. For any of our families currently navigating divorce/separation or other Family Law proceedings, we also kindly advise that you get in touch with your Family Lawyers to ensure you receive legal assistance and advice as soon as you may require our insights and input.