How Does Social Media Impact Family Law Proceedings?

19th Oct 2021 Oxford Partners Blog

Social media has become a staple of modern daily life, providing convenient channels for staying in touch with friends and loved ones, sharing life updates, and generally giving your social network a little glimpse into every single day. Sharing updates, feelings and other personal information on social media have become the norm for many people, especially when we’re going through a particularly stressful time and may feel the need to lean on community. A lot of the time, we freely share information without even thinking of the potential consequences they may have which brings us to today’s topic – how does social media impact Family Law proceedings? In this article, our Family Lawyers at Oxford Partners Lawyers will look at the impacts of social media on Family Law proceedings and how something as simple as a status post on Facebook could potentially end up having a major impact on you and your family’s day in Court as well as the long-term outcome of your Family Court proceedings. From financial settlements to divorce proceedings and more, here’s how your social media activity may become a point of focus across a wide range of Family Law proceedings in Australia.

Digital Content Can Be Used As Admissible Evidence

Before the days of social media, most aspects of Family Law were based on a matter of he-said, she-said. Thanks to social media and our innate desire to share much of our lives online, digital content can now actually be used as evidence against you in Court. Evidence in the form of photos, videos, social media posts and comments are increasingly relied upon in 2021 to prove certain facts in the Family Law Courts. Additionally, personal or instant messages can also be called upon as evidence in your case. This is why it is always advised for individuals to be cautious about messages sent, comments made or information that is shared to the public on social media. More often than not, digital evidence has the potential to do a lot more harm than good, so think twice before you decide to send off heated messages to your spouse as they just may come back to haunt you.

Social Media Content That Can Impact A Family Law Dispute

Another important thing to consider is the impact that the content you post can have on a Family Law dispute. Aside from messages, comments and photos, there are a number of factors that could possibly jeopardise the outcome of your case. These include:

Disparaging or slandering your partner and/or children.
Sharing private and confidential information about your spouse, children or case.
Posting content that discloses risky, and anti-social behaviour when your case involves child custody matters.
Sharing sexual/provocative photographs of yourself online.
Screenshots of private messages.
Publish content that identifies a party, child or witness involved in Family Law proceedings - a direct violation of Section 121 of the Family Law Act.

Social Media Vs. Parenting Orders

If your case involves child custody matters, your digital footprint matters more than ever. Child custody disputes and parenting orders are made by a Court in the ‘best interests’ of a child, and a primary consideration is the protection of children from harm or family violence. As such, in cases where child safety is disputed, photos, videos or social media posts that show a parent acting violently or recklessly may be used in Court. Comments on social media that are of a threatening nature may also be used as evidence against you/your partner. This is why Family Lawyers advise that individuals experiencing conflicts in a marriage or de facto partnership refrain from sending inflammatory digital messages. Maintaining a pragmatic approach when navigating communications during or in the leadup to separation or divorce proceedings and subsequent child/spousal maintenance proceedings can help reduce risks of social media content being used as evidence against you.

Spousal and Child Maintenance

After separation or divorce, one spouse/parent may be required to provide spousal maintenance or child support to ensure ongoing financial support is available for both parties as well as any children following the dissolution of a marriage or de facto partnership. In most cases, the Courts will decide upon who is responsible for maintenance after a thorough assessment of both parties’ financial status. In some situations, the party who is responsible for providing maintenance may claim hardship or outright fail to make their payments. If this is the case, evidence found on social media of holidays, parties, and new homes/cars can be used as evidence when resolving such issues. In other words, if you claim hardship but your social media profiles paint a different picture, you may be penalised and any agreements with your former spouse would be a breach that could lead to enforcement proceedings.

Tips For Using Social Media During A Family Law Dispute

Most Family Lawyers will advise their clients to practice mindful sharing when using social media in anticipation of Family Law proceedings. Here are some simple yet effective tips for reducing the risks of your social media content impacting any of your upcoming Family Law proceedings.

Pause all social media accounts until after the Court case is finalised.
Avoid posting private or personal information about your spouse, children or case.
If you are using social media to gather evidence, be sure to take screenshots and save files and documents. Avoid actively contributing.
Don’t post, tweet, or share anything online that you wouldn’t want the judge to read -- this includes emails and text messages.

Prepare your Digital Footprint for your Family Law Proceedings

Looking to find out more about the impact of social media on Family Law proceedings. Speak with one of our Family Lawyers at Oxford Partners Lawyers now to find out more about how digital information can lawfully be used in your family dispute case. Call (03) 9670 7577 or place an enquiry via our website to book your preliminary 30 minute consultation with our Melbourne Family Lawyers today.

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(03) 9670 7577