Businesswoman hands using laptop with icon social media and social network.

Family Law and social media, are they a match?

Madison Kelly ||

In a world seemingly ruled by technology and supported by social media, it comes as no surprise that digital and, specifically, social media-focused evidence can now be utilised by parties to family law matters.  With social media platforms such as FacebookTwitterInstagramSnapchat and LinkedIn granting users the capability to instantaneously publish essentially anything that they wish at the click of a button, it is not uncommon for posts to end up being relied upon as evidence in court proceedings.

With this in mind, it is crucial for parties to be aware that it is not just correspondence between their lawyers (or themselves, if self-represented) that may find its way into an Affidavit – social media evidence can often be a relatively quick and effective way of providing evidence in support of a disputed fact.  This is particularly relevant within the context of parenting cases, where the best interests of the child are of paramount concern.

Coleman Greig Family Law team suggests taking into account the below examples of circumstances wherein social media evidence may be relevant:

  • Where the conduct of the parties is an issue: Screenshots of posts, comments or messages showing derogatory comments regarding either the child or other party.
  • Where neglect or safety is an issue: Photographs of parents acting irresponsibly.
  • Where full and frank disclosure is not being provided: A LinkedIn account may show that a party either is, or has been employed somewhere that they had previously not disclosed;
  • Where financial struggles are asserted, or payments are not being met (e.g. spousal maintenance): Posts or photographs evidencing liquidity such as attending expensive activities or restaurants, holidays, purchasing new assets etc.
  • Where a party asserts that a de-facto relationship doesn’t exist: Photographs and posts evidencing that there was such a relationship (which, if discovered, invokes the jurisdiction of the family court to make orders).

The above examples illustrate how often a simple post or photograph can go directly to a contentious fact in issue, and can often, quite easily, either support or go against a party’s case.

It is also an offence, under section 121 of the Family Law Act 1975 (Cth) to publish “by other electronic means, or otherwise [disseminate] to the public or a section of the public” any account of anything that would identify a party to the proceedings, or a person who is related to, or associated with a party to the proceedings.

With this in mind, it is incredibly important that parties resist the urge to vent about their family law matters via posts on social media.

The above shows the power of digital evidence in today’s technologically-reliant world, and gives a good idea of the type of evidence that we may start to see make its way into the jurisdiction in the future.

If you have a query relating to any of the information in this piece, or you require advice on your own matter, please don’t hesitate to get in touch with one of Coleman Greig’s Accredited Family Law Specialists.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Employers should exercise caution when dismissing during probationary period

Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.

The business impacts from the Government’s new cyber security laws

Cybercrime ‘is a multibillion-dollar industry that threatens the wellbeing and security of every Australian’. In an effort to combat the impact on businesses and individuals, the Australian Government has introduced cyber security legislative reforms into the Parliament.

A guide to intrafamily adoption

Adoption is the process where a parent’s legal rights for their child are transferred to another person. The formal adoption of a stepchild or close relative is known as intrafamily adoption.

Passenger movement and visa data-matching by the ATO

Heading overseas for work or a holiday? Taxation issues, including tax residency, should be on front of mind when departing from or arriving to Australia. Why? Because the Australian Taxation Office (ATO) can follow your footprints and, if you’re not careful, spring unexpected taxes on you.

Is it really necessary for my executor to have so many powers?

People often question why the executor of their estate needs to have so many powers. Simply put – if your executor isn’t given any additional powers by your Will, then they are limited to what is set out in the Trustee Act. One area that this can lead to issues in, is the family home – particularly if beneficiaries aren’t in agreement.

Essential terms of a commercial lease

A commercial lease is a contract that details the rights and obligations of a tenant and landlord. So, what are the necessary terms of a commercial lease?

Responding to data breaches

In the final part of our four-part series on your business’ responsibilities related to cyber attacks and data breaches, Special Counsel John Bennett how businesses should respond to data breaches, including application and requirements of the Notifiable Data Breaches Scheme.

Security of personal information

Part 3 of a four-part series on your business’ responsibilities related to cyber attacks and data breaches where Special Counsel, John Bennett provides an overview of some court decisions and proceedings where ‘security’ of personal information has come into issue.

Parental alienation in Family Law

The concept, Parental Alienation Syndrome, was initially brought about by American psychiatrist Richard Gardner in 1985. The term parental alienation is used to describe a situation where one parent is involved in psychologically manipulating their child to turn against the other parent.

Are you liable for labour hire workers if they are injured?

Many employers (host employers) engage employees of labour hire companies, particularly in the building and construction, hospitality and manufacturing industries. However, what happens when one of these employees gets injured at the host employer’s work site? Who is liable for the injuries?

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230