With social media now woven into the fabric of daily life, it's easy to get caught up in sharing personal moments on platforms like Facebook, Instagram, or TikTok — but have you considered how this could impact your court case? People are increasingly comfortable sharing their thoughts and personal disputes online, but doing so can carry serious consequences during legal proceedings. This is especial7yly true in family law matters such as divorce, financial settlements, and child arrangement disputes. Content shared on social media can shape perceptions, influence judicial attitudes, and, in some cases, directly impact the outcome of a case.
Social media platforms enable people to share personal details about their lives publically. In the context of family law cases, this information can be scrutinised and used as evidence within proceedings. This can then have a significant impact in how your character and behaviour is evaluated by the court or the other party(s).
When considering making a post, ask yourself beforehand 'would I want a judge to read this? ', or 'would I be embarrassed if this was read out in court and/or shared with the opposing party?' If you hesitate then it is best to avoid posting. You may think that your account is private but it is always possible for others to pass information that you post on to people who do not follow you and people are able to screenshot your social media platforms. Social media has become increasingly used as evidence in court, such as using screenshots of messages and photos that have been shared on social media. Social media offers real-time insight into the behaviour and actions of parties involved in disputes which can paint a clear picture of who you are, your behaviour and your character to the court.
Family court cases where social media is commonly used as evidence include:
- Child arrangement disputes: Posts or messages showing irresponsible behaviour such as substance abuse, mistreatment of a child or alienating a child from the other parent can be used as evidence to challenge a party's suitability to care for a child.
- Divorce and financial proceedings: Evidence of undisclosed financial assets or extravagant expenditures can impact your case.
- Allegations of domestic abuse or harassment: evidence of threatening messages or controlling behaviours exhibited online can be used to prove coercive control or abusive behaviour.
Chldren Matters
In cases involving children, the paramount concern for family courts is the welfare of the child and social media can play a crucial role in determining whether a parent's behaviour is in the child's best interests. For example, questions about a parent's suitability to care for a child may be raised where a parent claims to be providing a stable home environment but their social media indicates otherwise through posts showing drug use or irresponsible behaviour. In a number of cases, the courts have used this evidence to reassess child arrangements, especially when the content posted is considerably harmful and/or the child was present.
Children may eventually become aware of online content posted by their parents that pertains to negative remarks about the other and/or references to their disputes over parenting arrangements which can be deeply damaging to a child's wellbeing. Social media may also expose attempts of a parent to influence or alienate a child from the other parent. Where a party has accused the other of parental alienation, the court may look at evidence of public posts and/or private messages expressing hostility towards the other parent, especially where this is accessible to the child, which can then have an impact on the child arrangements for the child.
Things to consider before posting Online
- Avoid discussing your legal matter online. Your legal matter is best discussed within the confines of the courtroom or with your solicitor. The public sharing of information relating to your matter can have unintended repercussions. The majority of proceedings relating to family breakdown are confidential and are intended to stay that way. This is to protect the privacy of the people involved in your case, particularly children and it is important that the identity of a child involved within proceedings is not made public via social media to safeguard them and ensure their privacy. If you share certain information about a case relating to a child it is possible you could be fined or imprisoned for being in contempt of court.
- Think before posting or messaging. Comments made in anger, frustration, or impulsiveness can be misinterpreted and used against a party in proceedings. Resist the temptation of making negative comments about the other party online as this could hurt your case and reflect poorly on you in court. Also refrain from sharing evidence, such as posts implying substance abuse, irresponsible behaviour, or emotional instability as this can raise questions about a parent's ability to care for a child.
- Assume everything is public. Screenshots and sharing of content are possible even where your privacy settings have been maximized so it is advisable treat every post as though a judge or the opposing party could have access to it. It is wise to ensure your accounts are private and that you limit who can see and comment on your contact however keep in mind that private posts can still be used as evidence.
- Seek legal advice before using social media content as evidence. If considering submitting social media content as evidence, consult a family solicitor for advice on whether this information can be relied on and any relevant application to disclose this information into proceedings.
You can minimise the potential impact social media may have on your case by being careful about what you share online, making sure you are modifying your privacy settings, thinking before you post, and speaking with your solicitor. Understanding the impact social media can have on family conflicts and how it can affect the court's rulings during your dispute is crucial. By understanding this impact, seeking legal advice where necessary, and practising restraint in what you share online, you can avoid unintended consequences and focus on achieving a fair resolution in family court.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
