In this post, Director Lucy Theobald explores social media’s increasing involvement in family law cases.
Social media is part of everyday life and you don’t have to look far to see the pros and cons of the platforms hitting the headlines. The impact of social media on individual relationships has over recent years become more apparent, especially in instances involving family law. In recent reports family law commentators cite couples stating things like online adultery, social media jealousy, and digital estrangement as reasons leading to divorce or separation.
While we don’t have exact numbers from our cases, we have seen firsthand how often online behaviour plays a major factor in divorces and child contact. Disputes involving social media platforms such as Snapchat, Instagram, WhatsApp, and Facebook can further complicate already challenging family court cases.
In addition to becoming a source of relationship issues, social media is now an integral aspect of many court cases. During a breakup, many don’t realise how damaging their social media posts can be. More and more people are sharing openly about their personal lives and ins and outs of their relationship breakdowns. Regrettably, these posts can be presented as evidence in situations involving private law.
Examples of parents sharing too much emotional content on social media, such as “missing my child so much,” or posting about their children without the other parent’s permission have surfaced in cases involving child contact. These posts are often viewed by courts as unnecessary public displays of family matters, which can influence judges’ decisions. In one instance, a client was reprimanded by the court for posting about their court experience on Facebook, demonstrating how missteps on social media can have serious consequences.
Another real-life example was when maintenance was in dispute and an ex-spouse asserted in court that they were unable to pay the maintenance that had been awarded. But they had been posting about going to premiership sports games, fine dining and luxury holidays abroad. As evidence in court, these social media posts show how public sharing can show a different story.
Being mindful of the impact of social media is essential for individuals dealing with divorce or child contact proceedings. We are keeping an eye on these trends as a firm and supporting our clients to reduce the dangers associated with social media.
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