Trauma-Informed Family Law: Why Your Lawyer Needs to Understand Your Pain

In Episode 6 of Dear Divorce Diaries, Darren “Daz” Mort and Joplin “Jop” Higgins dive into a topic that is often misunderstood and frequently misused in family law — trauma-informed practice.

Daz & Jop explain why this term is not just a trendy buzzword, and why many lawyers and judicial officers may not truly understand what it means in practice. Joplin, a recognised expert in the field and author of a book on trauma-informed practice, explains how lawyers and courts must ensure they do not re-traumatise clients during the legal process.

The episode explores the practical application of trauma-informed approaches in family law. Joplin describes strategies used in her firm to create a safe environment, including:

• weighted blankets and heat packs
• stress balls
• massage chairs
• structured communication strategies (urgent vs non-urgent emails)
• pre-conference forms to avoid repeatedly asking clients to recount traumatic incidents

They discuss how domestic violence and coercive behaviour are present in many family law cases, and why it’s essential to handle information sensitively. The hosts also highlight how the legal process can unintentionally cause ongoing trauma, especially when clients are repeatedly asked to relive painful events.

Darren highlights the court’s trauma-informed initiatives, including the court dog program, which supports parties and children through the process. They also discuss the need for lawyers to be aware of clients’ capacity to give instructions, and how trauma can affect memory and communication.

Joplin emphasises that trauma-informed practice is not just about empathy — it is about creating safety, stability, and clarity so clients can participate effectively in their case. The episode ends with a powerful reminder that trauma-informed practice is a professional responsibility, not a marketing term, and clients should expect it from their family lawyer.

Key Topics Covered:

• What “trauma-informed practice” actually means
• Why it’s not just a buzzword
• How legal processes can re-traumatise clients
• Practical strategies in law firms to reduce stress
• Why communication strategy matters (urgent vs non-urgent)
• How domestic violence and coercive behaviour impact cases
• Court initiatives like the therapy dog program
• The importance of safe client environments
• Trauma’s impact on clients’ capacity to give instructions
• Why trauma-informed practice is essential in family law

Why This Episode Matters

Whether someone is just contemplating separation or deep into negotiations, this episode offers a grounded, compassionate look at what the process actually feels like — beyond forms and courtrooms. The blend of legal insight and emotional awareness helps listeners feel equipped, not overwhelmed, by the road ahead.

And because no two separations look the same, you can be part of the conversation.

Listeners are invited to submit their questions for Daz & Jop, with future episodes dedicated to answering real experiences, real challenges and real concerns from the people who need guidance most.

Whether you’re contemplating separation, navigating court, co-parenting, or simply trying to put your children first through the uncertainty — The Dear Divorce Diary Podcast offers steady, professional guidance to help reshape the path ahead.

Real law. Real families. Real conversations.

Subscribe, listen, learn — and know that you’re not alone.

Hosted on Acast. See acast.com/privacy for more information.