The processes of separation and divorce can often be touch emotionally, with nowadays a lot of our lives being documented online. From Instagram stories and Facebook status updates to TikTok videos and direct messages, what you upload onto the internet has the potential to be admissible in court.
In Australia, the Family Law Act 1975 (Cth) obliges courts to take into account all the available evidence when making a decision regarding property settlement, parenting and spousal maintenance. That goes for social media post as well.
So Can Social Media be Evidence?
Yes. Courts throughout Australia have received and accepted social media posts, photos, and messages as evidence in family law proceedings. Examples include:
- Posts on reckless expenditure or gambling, applicable in property disputes.
- Images or posts proving drug or alcohol abuse, relevant in parenting cases.
- Intimidatory messages/posts are used to demonstrate family violence or intimidation.
Even things you believe or perceive as “private” may be screenshotted, subpoenaed, or posted if they are relevant to the case.
Common Issues that are Raised Online
- Badmouthing and ex-partner online: This can be raised as evidence of hostility, particularly in parenting disputes.
- Deleting accounts or posts – these practices can be perceived as attempt to hide evidence.
- Sharing Children’s photo’s or details publicly: Such incidences can raise questions about judgement or safeguarding.
Practical Tips
- Think before you post: Assume anything you share on the internet has the ability to show up in front of a judge due to the public nature of the internet.
- Avoid discussing a Case online: Never post about any ongoing proceedings.
- Get Legal Advice: If your concerned about posts made by yourself or your ex-partner, make sure you seek legal advice as soon as possible.
Conclusion
Australian Family Law has the ability to take into account social media in proceedings. This could be a challenging ordeal for many. So if you have any legal enquiries on this topic don’t be afraid to contact us.