Do you have a grudge with your ex? Think twice before airing it on social media.
Social media is often treated as modern-day “surveillance” in family law matters. What you post online may be used against you in court. Your ex or their lawyer may rely on your posts to challenge your credibility.
You should be careful about what you post. In some cases, it may be best to deactivate your accounts while your family law matter is ongoing.
Be Careful What You Share on Social Media
Social media platforms like Facebook and Instagram often highlight the more “glamorous” parts of life. However, these posts can still be used in family law proceedings.
If you continue using social media, be cautious and intentional. Even innocent posts can be misinterpreted by your ex’s lawyer or the court.
How Social Media Can Affect Your Family Law Case
This is especially important in parenting matters.
Avoid posting risky content
Avoid, wherever possible:
- Posting photos or comments about social events involving alcohol or drugs. Even casual posts may be used to question your judgment or parenting capacity.
- Posting abusive content or personal attacks about your ex. The Family Law Act restricts publishing material that identifies parties, witnesses, or others involved in family law proceedings. Breaches can result in serious penalties, including imprisonment.
- Oversharing parenting details, especially where the other parent disagrees with your decisions. You should also supervise your children’s social media use and take an active interest in what they post online.
- Failing to review privacy settings. Ensure your accounts are set to private, particularly in family violence situations. In some cases, ex-partners have used social media to stalk, harass, or access private accounts.
Be mindful of friends and family
It is also important to ask friends and family to be cautious about what they post about you and your children. Mutual connections may allow your ex or their lawyer to identify and locate you.
If you are unsure what is appropriate to post, we recommend speaking with an experienced family lawyer before sharing anything online.
Conclusion
Content you post on social media can be used in family law proceedings and may negatively impact your case outcome.
We strongly recommend seeking advice from an experienced family lawyer before posting during your matter.
If you or someone you know wants more information or needs help or advice, please contact us on 07 5576 9999 or email [email protected].
