How Social Media Can Impact Your Family Law Parenting Matter
Social media has become embedded in everyday life, but in parenting disputes it can quickly become a source of evidence and raise credibility issues.
Parenting matters in Australia are guided by the Family Law Act 1975 (Cth) and heard in the Federal Circuit and Family Court of Australia. The Court’s paramount consideration when deciding whether to make a parenting order is the best interests of the child.
What is posted online by either parent can impact on how the Court assesses the best interests of the child, and the child’s consequential care arrangements. Social media content (including posts, comments, photos, videos, livestreams and reactions) can all be relied upon in proceedings in the Federal Circuit and Family Court of Australia. As such, anything you say, post or share online may be used against you as evidence. Even if content was intended to be shared privately or has since been deleted, it can still be used if evidence (i.e., a screenshot) still exists.
For example, social media content may be used to try establish:
- Public criticism of the other parent, including impulsive or emotionally charged commentary;
- Exposure of children to parental conflict;
- Disregard for a child’s safety;
- Lifestyle choices, including alcohol or drug use;
- Risky or unsafe behaviour; and
- Emotional stability and self-control.
In addition, social media material may be used to impact credibility. For example, content posted on social media may be used to show inconsistencies with other evidence before the Court, which can damage reliability.
Tips to Protect Your Parenting Matter
If you are involved in a parenting dispute, it is important to manage your social media and communication carefully. The following tips can help ensure that your online presence reflects a positive and responsible image:
1.Think Before You Post – Before sharing anything online, first consider how a judicial officer may interpret that post, image, video or message. Assume every post (despite your privacy settings or where the content is posted) can be shared in Court. If the material could be interpreted to imply that you are denigrating the other parent, posting about your family law matter or that you are engaging in inappropriate or unsafe activities, reconsider posting it.
2.Review Your Privacy Settings – Reduce access to your social media profiles and keep a secure social media presence. This can include updating your privacy settings (i.e., being a ‘private’ user on Instagram or ‘locking’ your Facebook profile) and removing any followers or friends that you do not want to access your profile(s). You may also want to refrain from posting or engaging with any content on purely public platforms, such as Tik Tok.
3. Clean Up Old Content – Old posts and material can still be used as evidence, and the Court may consider historical patterns. Consider reviewing deleting outdated or emotional posts, old photos and captions before they are captured.
4. Limit Third-Party Involvement – Material posted by family or friends may be collected and used as evidence in proceedings. Therefore, it is wise to ask those close to you not to post about your separation, parenting disputes, comment on the other parent, or share content or photos related to the children involved. You can also reduce risk by disabling automatic tagging and requiring approval before tagged photos appear on your profile.
Ultimately, the safest approach is to exercise caution, maintain respectful communication, and avoid public commentary about your family law matter. If you are concerned about how social media may impact your parenting matter, seeking legal advice early may help reduce avoidable risk during negotiations and proceedings.
If you are navigating a parenting matter and have concerns about social media, the TGB Family Law team can provide practical advice tailored to your circumstances.
For guidance, contact Christiana Michaels, Associate in TGB’s Family Law team, on (08) 8205 1283 or at cmichaels@tgb.com.au.
You can also reach TGB’s Adelaide office on (08) 8212 1077, Semaphore on (08) 8211 5300 or Mount Barker on (08) 8391 3077.