Social Media and the Connection to Family Law Proceedings

As family law practitioners we often see social media posts and screenshots used in evidence in family law disputes.

It is important that parties to a family law dispute are careful about their use of social media platforms, sms and other text exchanges. It is easy to post something with a click of a button without realising the adverse impact it may have on you or your outcome in the negotiations or Court proceedings.

The use of material from social media as evidence is becoming more and more prevalent during family law proceedings to either contradict or support what is alleged or said in the proceedings. It can also be used to evidence family violence, corroborate when and where someone was or what they did.

It is safe to assume that nothing posted online is private and can readily be captured and recorded by someone else, even if the post is subsequently deleted. It could then be used against you in your family law matter.

Another issue in family law disputes is the use of a family iCloud or similar account sharing programs. A party to a family law proceeding could access or create evidence to support their case by accessing their former partner’s online accounts via the cloud.

The general rule of thumb is to stop and think before you post and assume that anything that you do post may be used as evidence in your family law matter.

Finally, it is important to be aware of Section 121 of the Family Law Act which creates a punishable offence for any person who publishes (with stated exceptions) any account of the family law Court proceedings that identifies a party to the proceedings or a person who is otherwise related to a party to the proceedings or connected to the proceedings or is a witness in the proceedings.

Be careful before you post.

If you have any query or concern, please contact our family law team.

Lisa Hunt
Principal
T: 03 5226 8584
M: 0407 616 729
E: lhunt@ha.legal