Do you have a grudge with your ex? Think twice before airing it on social media!
Social media is commonly referred to as modern day ‘Surveillance’ for family law matters. What you post on your social media accounts may be used against you to damage your credibility by your ex or their legal representative.
Therefore, you must be very careful what you post or preferably, even disable your social media accounts while your family law settlement is in progress.
Be careful what you disclose through your social media accounts
Social media platforms like Facebook and Instagram tend to be used to show the more ‘glamourous’ side of our lives. However, your posts could be used against you in your family law settlement.
If you must utilise your social media accounts, be cautious and mindful of what you share. Even innocent posts may be interpreted the wrong way by viewers, particularly your ex’s lawyer and Judges.
Ways to avoid your social media posts sabotaging your family law matter
This is especially relevant in relation to parenting matters.
Avoid wherever possible:
- Posting photos or discussions of yourself undertaking in social events especially where you will be drinking alcohol, or anything to do with you being somehow connected to using illicit drugs or substances.
- Creating posts that contain abusive material or character assassinations targeted at your ex. The Family Law Act prohibits persons from revealing any information to the public about a family court case that identifies a party to the proceedings or related to, associated with a party to the proceedings, or alleged to be in any other way, involved in the matter to which the proceedings relate. This also applies to witnesses involved in the proceedings. Anyone breaching this rule could be sentenced to one year imprisonment.
- Beware of over sharing your parenting on your social media accounts, especially where the other parent doesn’t agree with your parenting style and choices. It is also important to supervise and manageyour children’s use of social media accounts and to take an active interest in what your child is posting.
- Be cyber safe and aware by reviewing your privacy settings. Ensure all your accounts are private, particularly in relation to family violence matters as there have been instances where violent ex-partners have used social media to stalk or harass the other party or hacked the other partner’s social media page.
It’s also a good idea to advise your family and friends to be very cautious in their depiction of you and your children through their social media posts as your ex and their lawyer are able to locate you through your contact lists.
If you are unsure as to what type of things you should post, we recommend you speak to an experienced family lawyer.
Conclusion
The content you post on your social media accounts may potentially be used against you, resulting in a sub-optimal family law settlement or outcome.
We recommend you speak to one of our experienced family lawyers before making any posts on social media.
If you or someone you know wants more information or needs help or advice, please contact us on 03 8672 7510 or email [email protected].