Social Media and the Family Court: How What You Post Online Can Impact Your Case

Social media plays a major role in everyday life. Platforms like Facebook, Instagram, and TikTok are frequently used to share personal moments. But if you’re involved in Family Court proceedings, what you post online could work against you.

Whether your case involves divorce, a financial dispute, or a disagreement about child arrangements, social media activity is increasingly being used as evidence in the Family Court. Judges, lawyers, and the other party in the proceedings may scrutinise your posts, messages, and photos to evaluate character, behaviour, or credibility.

Can social media be used in the Family Court?

Yes. Social media content is routinely used in family court proceedings. This includes:

• Public posts and private messages

  
  

• Photos, videos, and check-ins

  
  

• Screenshots taken by others - even from private accounts

What you post can influence how the court views you as a parent, partner, or witness. If your content contradicts claims made in court, it can damage your credibility and your case.

Examples of social media being used as evidence

Child Arrangements

• Posts showing drug use, excessive partying, or neglect

  
  

• Messages or comments showing alienating behaviour or bad-mouthing the other parent

  
  

• Posts or messages suggesting a child is being used to carry messages or take sides

Divorce or Financial Disputes

• Evidence of hidden assets or lavish spending

  
  

• Contradictory information about employment, housing, or living arrangements

Domestic Abuse or Harassment Allegations

• Threatening messages or online abuse

  
  

• Screenshots showing controlling or coercive behaviour

The impact on children

In cases involving children, the court’s primary concern is always the welfare of the child. Social media can seriously influence how the court assesses this.

For example:

• A parent who claims to provide a stable environment but posts images of drug use or late-night parties may raise concerns.

  
  

• Public criticism of the other parent can suggest emotional manipulation or alienating behaviour.

  
  

• Children may come across harmful posts themselves, causing emotional distress or long-term harm.

Before you post: questions to ask yourself

Before you post, message, or comment online, ask yourself:

• “Would I be comfortable if a judge read this out loud in court?”

  
  

• “Could this post be misinterpreted or used against me?”

  
  

• “Would I regret sharing this if my child saw it in future?”

If you hesitate when it comes to answering any of these questions, it’s probably safer not to post.

Five key things to remember about social media and the Family Court

1. Don’t discuss your case online - Keep details of your family court case private. Most proceedings before the Family Court are confidential, especially those involving children. Public discussion could breach confidentiality and might even be a contempt of court – which could result in the court imposing a fine or more serious penalties (such as imprisonment).

   
   

2. Think before you type - Avoid posting in anger or frustration. Impulsive comments, especially those criticising the other party, can harm your case and reflect poorly on your parenting or credibility.

   
   

3. Assume nothing is truly private - Even with strict privacy settings, your posts can be screenshotted and shared. Courts often accept private posts as evidence if obtained lawfully. Always act as if a judge or the other party can see what you post.

   
   

4. Protect your children’s privacy - Never post content that identifies or discusses children involved in proceedings. This risks breaching their right to privacy and could be seen as harmful by the court.

   
   

5. Seek legal advice before using social media evidence - If you want to use social media content in your favour – for example, messages or posts by the other party – speak with a lawyer. They can advise whether it’s admissible and help you make any necessary application to ensure it is available to the court.

Conclusion: think twice, post one!

Social media may feel like a personal space - but if you're involved in Family Court proceedings, what you share online can easily become part of the legal record.

By thinking carefully before you post, keeping legal matters private, and seeking legal advice when needed, you can help ensure social media doesn't harm your case.