Are You Sharing Too Much? The Consequences of Social Media in Family Law

Social media plays a significant role in our everyday lives, influencing how we communicate, share moments, and stay connected. The prevalence of social media has also brought about a significant shift in how evidence is gathered and presented in courtrooms. Lawyers are turning to social media posts, comments, and photos as valuable sources of evidence. As a result, what you share online can have serious implications in family law proceedings.

Social media mistakes in Family Law Proceedings

It is crucial that you are mindful of your social media presence, especially during family law proceedings. What you post can influence your credibility, character and judgment. Even seemingly harmless posts can be misinterpreted or taken out of context. We set out below examples of posts which may harm your case:

• Sharing private information: Posting personal or sensitive details about your spouse or child can violate their privacy and may negatively impact your legal proceedings. 

• Negative comments: Making derogatory or disparaging remarks about your ex-spouse or their character can reflect poorly on your own credibility and may affect custody or parenting arrangements. 

• Provocative or explicit images: Sharing provocative or explicit images that could be deemed inappropriate or offensive may not only damage your reputation but also impact child custody determinations. 

• Displays of a lavish lifestyle: Posting pictures or boasting about an extravagant lifestyle, such as expensive vacations or luxury purchases, can create an impression of financial resources that may influence spousal support or property division decisions. 

• Anti-social behaviours or criminal activity: Documenting or bragging about engaging in anti-social behaviours or participating in criminal activities can have severe repercussions in family law cases, including potential impact on child custody arrangements. 

• Screenshots of private messages: Sharing screenshots of private messages, especially those containing sensitive or damaging information, can violate privacy rights and potentially be used as evidence against you. 

• Threats of violence: Making threats of violence or engaging in aggressive behaviour online can not only harm your case but may also have legal implications, including potential apprehended domestic violence orders or criminal charges. 

• Employment history and legal proceedings details: Revealing information about your employment history or discussing specific details of ongoing legal proceedings on social media can compromise confidentiality and potentially influence outcomes in your case.

Part XIVB of the Family Law Act 1975 makes it an offence except in very limited circumstances to post on social media details pertaining to family law matters 

Part XIVB of the Family Law Act 1975 (Cth) (the “Act”) (previously section 121 of the Act) criminalises the publication of material identifying parties, children or witnesses involved in a family law proceeding, whether information is shared in full or in part. 

If you are in family law proceedings, it is crucial you are aware of the legal implications of your online activity. The Court has the power to refer matters to the Australian Federal Police for consideration of any breach and such breaches may be punishable by fine or up to 12 months imprisonment. 

Before posting on social media, consider if the content identifies a party, child or witness to a family law proceeding. This includes parents, children, extended family, witnesses or professionals (for example doctors and counsellors) connected to family law proceedings. 

Publications to social media which could be used to identify a person related to a family law proceeding could be considered a breach. Information that can be deemed as likely to identify an individual connected to family law proceedings includes but is not limited to:

·       a picture, recording, or physical description of the person;

·       a name or title that identifies the person;

·       an address or location where the person resides or works;

·       details of the person’s employment, paid or voluntary;

·       the relationship or other connection between the person and an identified person or business;

·       the person’s political, philosophical or religious beliefs;

·       any real or personal property associated with the person;

If you are in doubt, even indirect posts can be considered in breach of the Act if a member of the public can identify a person to a family law proceeding. 

Your digital footprint can directly impact the outcome of your family law proceedings. To safeguard yourself and prevent legal consequences, it is essential to exercise caution when posting on social media. Remember that anything you put out online can be used as evidence, so it is important to think before you post and consider how it may be interpreted in a legal context. It may also be a good time to revise your privacy settings and review past posts and comments.  

Our experienced team at Dorter Family Lawyers can provide guidance tailored to your specific situation and help you navigate the complexities of social media use during legal proceedings. Contact our team today here or on (02) 9929 8840