top of page

Social Media and Family Law: Often A Curse, Not A Blessing


A man is laughing whilst communicating with someone on his tablet
Social media brings joy for some, but should be treated with caution in Family Law matters

The influence of social media on our lives is undeniable, whether we embrace it or not. It often becomes especially unavoidable when our friends and family members are active users. In the realm of family law, social media can play a somewhat hidden, but substantial role in disputes and litigation. In this article, we will explore this issue and provide practical tips for using social media during a family dispute when avoiding it is not an option.


Originally designed for entertainment and communication, social media platforms such as Facebook, Instagram, Snapchat, TikTok, and Twitter have become integral parts of many people's lives. They serve a variety of purposes, including staying connected with friends and loved ones, sharing important updates, and expressing opinions on significant matters. However, when engaged in a family law dispute, your posts and digital interactions can have serious legal implications.


Unwise activity on social media can impact your family law case in several ways:


  1. Social media posts often serve as important evidence in court. If your case has the potential to go to litigation, it is prudent to treat all your social media activity as a public diary that may one day be scrutinised by a judge. Your posts can provide insights into your character, activities, or financial status, which may be relevant to custody disputes or property division during a divorce. It is crucial to be mindful of what you say, how you say it, and all your actions on social media. Alternatively, consider taking a break from social media for a few months to assess if it improves your mental well-being. Many individuals experience positive changes in their mental health when they step away from social media.

  2. Negative or harmful posts about the other parent can significantly impact the emotional well-being of children, especially when they are old enough to access and comprehend these posts. Moreover, such posts can harm your chances of achieving a favourable outcome in a custody dispute. Therefore, exercise caution when posting, commenting, and communicating about the other party, or better yet, avoid doing so altogether.

  3. Discussing your legal case on social media can lead to significant trouble. Section 121 of the Family Law Act 1975 prohibits the publication of any information that identifies the parties involved in a family law dispute. This includes proceedings, related individuals, or witnesses. Violating this provision is a criminal offense punishable by imprisonment. Thus, the court not only takes into consideration social media behaviour when making decisions on custody or property division but also deems it a criminal offence to disseminate information regarding your family law case.


Numerous examples demonstrate how social media use has impacted family law disputes, such as parents losing custody due to emotionally abusive Facebook posts or financial claims being discredited after extravagant lifestyles were exposed through Instagram. These cautionary tales emphasise the importance of being mindful about what you share on social media platforms.


Given the significant influence of social media, here are some basic tips to help you make informed decisions:


1. Think before you post: Always consider how your posts may be interpreted by a judge or lawyer. Avoid discussing any issues related to your dispute and carefully review your drafts before posting.


2. Adjust privacy settings: Ensure your privacy settings are appropriately configured. Remember that even "private" posts can end up in the wrong hands and potentially be used in court.


3. Avoid case discussions like a plague: While it may be tempting to vent about your case online or seek support from your followers, Section 121 of the Family Law Act is here to remind you that this may not be one of your best ideas! Talk about the weather or sports instead.


4. Mindful and respectful interactions: How you interact with others on social media can impact your case. Be cautious about the individuals you engage with and the content you endorse or share. What and how you say things about any topic can be used against you. Before posting anything on social media ask yourself what a judge would think about you when reading this. We mean it. Actually, critically consider this and ask yourself this question. Then act accordingly.


5. Consider a social media break: If feasible, consider taking a long break from social media while your family law dispute is ongoing. This break can help you avoid potential pitfalls and focus on resolving the dispute at hand. Any break from social media may be a good thing and is worth a shot.


The impact of social media on family law disputes is significant, and it is crucial to approach it with mindfulness. Seeking guidance from your family lawyer on navigating the digital world during such disputes is quite common and advisable.


It is important to remember that social media is a tool. When used wisely, it can help us stay connected with loved ones and provide support during challenging times. However, when used carelessly, it can become a weapon that harms your case and personal life. Understanding the power of social media and using it responsibly is key.


At Surge Legal, we prioritise ensuring that our clients are well-informed about the potential impacts of their social media actions, both online and offline, before and during legal proceedings. We understand the emotional toll that family law disputes can take and the desire to share experiences and seek support. However, it is our responsibility to guide you through these complex processes, ensuring your protection from potential pitfalls, with the misuse of social media being a critical aspect.


Takeaway


The role of social media in family law disputes is increasingly significant. What you post online can potentially be used as evidence in court, thereby impacting the outcome of your case. Therefore, it is crucial to be mindful of your social media behaviour during such disputes, carefully considering your posts and adjusting your privacy settings as necessary.


It is important to emphasise that, when used sparingly and wisely, social media can provide significant and meaningful support and emotional relief during complex litigation. Understanding the potential impacts and finding what works best for you personally is essential. At Surge Legal, we are here to guide and support you through your family law journey, addressing any issues that arise along the way.




bottom of page