Domestic violence is a common driver of family dissolution. Cases involving domestic violence are core business in the Australian family law jurisdiction. Family mediation is growing as an alternative to litigation for separated families in dispute over parenting arrangements. The specialized intervention of child‐inclusive mediation is increasingly used to resolve family disputes in the best interests of the child. However, this child‐empowering practice is often avoided by mediators where domestic violence is an issue. This article identifies some complex factors that need to be addressed and researched for appropriate development and use of child‐inclusive mediation to enhance social justice for child subjects of parenting disputes from violent families.

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Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.

Understanding the potentially adverse effects of exposure to domestic violence on children is increasing in the Western world. However, in Australian family law, there remain challenges in centralising the special needs of these children in cases before the family courts in the determination of their best interests. This article draws on some key findings of a small qualitative study to highlight and discuss some of the barriers that need to be overcome in order for social science experts to enhance the courts' capacity to protect child subjects of proceedings from possible future harm.