Social media is becoming integral to our lives, providing benefits and potential pitfalls. While it allows us to connect with loved ones and access numerous forms of entertainment, it opens the door to negative behaviours like stalking, sharing private information and public slander at the touch of a button. Within Family law matters, the implications of social media usage are significant as posts can be used against you, impacting your parenting orders or even leading to criminal prosecution.

The Role of Social Media in Family Law

Digital media, such as social media posts, comments, videos and photos, is increasingly relied upon in proceedings in the Family Law courts. Recent studies suggest that social media evidence was accepted in 82% of Australian Family Law cases. Many adults, however, remain unaware of how their online presence can affect their legal standing.

Types of Social Media Evidence

Social media evidence that can be brought into family law matters can include material such as:

• Derogatory or defamatory comments or posts made about or to a former partner;
• The sharing of private and personal information about a family law matter online, including personal details of the other party;
• Screenshots of private messages exchanged through messaging services such as Instagram, Facebook Messenger or WhatsApp;
• Screenshots of online dating profiles or sexually suggestive photographs;
• Video blogs on YouTube referencing a party’s children, ex or the Family Law case;
• Photos of holidays, expensive assets or other images that demonstrate that a party is living a luxurious life;
• Posts and photos about excessive alcohol consumption, drug use or other criminal activity;
• The sharing or posting of explicit images which may be deemed offensive; and
• Posts on social media referring to the court proceedings, judicial officer, court, children’s lawyer, child safety or police.

How is This Evidence Used

These types of social media content have been used in the Family Law courts as evidence to show:

• A party’s capacity to care for children;
• A party’s use of illicit drugs or excessive alcohol consumption;
• A party’s character and credibility;
• A party’s financial circumstances;
• A party’s relationship status; and
• A party discussing details of the family law case with the children involved.

Not all social media evidence will be treated equally. The judge will decide how much weight to give a particular piece of evidence.

The Risks of Social Media in Family Law

It is essential to understand that anything you say, or post online may be relevant to proceedings and used against you as evidence. Deleting a post does not erase it from the internet; it may have already been captured by someone else and can still be used against you even if it is no longer live on the internet.

Potential consequences include:

• Parenting Orders: When the court makes a parenting order, it does so with the child’s best interests in mind. Social media activity indicating irresponsibility or aggression can impact custody arrangements.
• Financial Implications: Where a party who is required to pay spousal maintenance or child support and is falling behind in payments or claiming financial hardship, posts on social media may be used as evidence of a lavish lifestyle to contradict these claims.

Best Practices for Navigating Social Media

In order to maintain a positive image during family law proceedings, consider the following strategies:

• Use a Parenting Communication App: Platforms like Coparenting Plus, Two Houses, Cozi or Our Family Wizard are designed to aid communication between separated parents. This can minimise toxic communication which may be used against you in proceedings and assist in maintaining a positive co-parenting relationship.
• Think Before You Post: Ask yourself how a judge might interpret that image, post or message. If it could be construed to imply that you were degrading the other parent or are an unsuitable parent, it is advised that you refrain from posting it.
• Protect Your Privacy: In some circumstances, it may be appropriate to remove or block the other party from your social media, ensure your location settings on all applications are secure, and avoid sharing any sensitive personal information.
• Highlight Positive Aspects: Share moments that demonstrate your healthy and loving relationships with your children and support network.

What you share on social media may significantly impact on parenting arrangements, property division and your overall well-being. For tailored guidance on managing social media during family law matters, consult with one of our family lawyers who can help you navigate these complexities.