On any given day, most of us use at least use one of these social media platforms and messaging services. Whether it’s Instagram, Twitter, Facebook, WhatsApp, Messenger, or YouTube.
Regarding family law, the development of social platforms has made it easier to get a wide range of evidence. Particularly in parental situations.
Keep Divorce and Social Media Separate
Even if you delete a post on a social platform. The words and photos you put up there might stay online and be impossible to remove. It should go without saying that divorce and social media do not go well.
If your ex-lawyer partner’s or an affidavit contains a copy of your social media posts, you need to be aware that you might use them against you in court.
Affidavits in family court increasingly include social media posts. Which they submit to the judge to read in court.
The Family Law Act also prohibits the publication of family law proceedings or photos that identify a party or kid involved. A year in jail or a fine of up to $1,000 is possible for anyone found guilty of such an infraction.
As a result, if you plan on using social media to stay in touch with loved ones during your family court case, be cautious about what you post.
Is Your Family Law Case Affected by Social Media?
Slowly but surely, social media posts have made their way into the family courtroom. They can now use Instagram and Facebook posts as evidence in court.
The use of digital evidence by families to support their claims has become increasingly common. Families can use these tools to remain in touch and share information about their life.
If parents responsibly use social media, it may be a great way to stay in touch with their children. Even if they can’t be physically there.
Social media may be a great tool, but it’s vital to be aware of what you publish, regardless of whether or not you’ve turned your account to private.
Using social media to air your family law grievances or solicit advice and support from close relatives and friends may be tempting, but what you publish in the “heat of the moment” might have severe ramifications for your legal case.
The Admissibility of Digital Content as Evidence
He-said, she-said was the norm in courtrooms before the advent of social media. They can now use digital information as evidence against you in court. Because of social platforms and our intrinsic inclination to disclose much of our lives online.
In the Family Law Courts of 2021, you will increasingly use evidence in videos, images, comments, and social media postings to support specific facts.
For this reason, it is always a good idea for people to be cautious when they send or post messages, material, or comments on social media. Because they can use these as evidence in a lawsuit.
Digital evidence may frequently do more harm than good, so think twice before sending an abusive message to your spouse, as it may haunt you.
Custody of the Children
Using social media to verify the children’s living conditions with both parents can decide child custody rulings. If you’re always occupied with social media, you may be spending less time with your children.
Violence or irresponsibility in your online postings may result in the court denying you parental rights over your child(ren). The court is concerned about the kid’s welfare, and safety is always the primary concern. It’s best not to use social media as a vehicle for aggressive behavior.
Child and Spousal Support
Depending on the divorce settlement terms. One or both parties may be legally obligated to provide payments to their ex-spouse for their upkeep.
If your divorce involves children you should take care of their needs through child support. In each of these cases, social platforms may have an impact.
When establishing the amount of financial support needed, social media activities such as expensive purchases, holidays, throwing parties, or opulent assets like vehicles might be utilized as proof.
Platforms like LinkedIn may reveal your spouse or child’s additional income. This means the maintenance charge you pay could go up.
What Happens to All This Information on Social Media?
Unless you have an experienced family law attorney on your side, much of the private conduct that you never believed would come to light might find up in the hands of the other party or the court and be used against you if you don’t have an experienced family law attorney on your side.
Your lawyer’s responsibility is to protect your divorce or custody case from being overshadowed by the vulgar, foolish, and dubious things you may have said or done on social media.
Precautions to Take
You should avoid posting anything unpleasant about your ex or mentioning your divorce or child custody battle on social media. Even if your posts appear benign, you never know how they might be twisted to your detriment.
For example, if the other parent sees a picture of you with a drink at a social event, they may try to use it as evidence that you are unsuitable to be a parent.
Family Law Legal Issues: Social Media Tips for Dispute Resolution
- Take a break from all social platforms until the Court matter is over.
- Do not share personal details about your spouse, children, or case on social media or other public forums.
- Take screenshots and save files and documents if you gather proof via social media. Avoid becoming involved in the discussion.
- If you don’t want the judge to see your emails or text messages, don’t post, tweet, or share them.
Most of us are accustomed to using popular social networking sites. Like Facebook, Instagram, Twitter, and TikTok without even thinking about it.
For many people, posting updates, sentiments, and other personal information on social media has become the norm. Especially during stressful times.
We often share information without a second thought about the possible ramifications. We hope you now understand the influence of social media on Family Law. And how a status update on Facebook may significantly impact family law proceedings.