Over recent years and certainly, the last two years, as the world has dealt with coronavirus, social media has been playing an ever-increasing role in our lives. From simply chatting to friends, through to an advertising channel that has made millions for some businesses, social media shows no sign of going away. Whilst it has many positive attributes, social media does not always lead to good outcomes in some circumstances, and within that category, we include its misuse by someone going through a case related to family law. Whether that be divorce, a separation, or an issue relating to their children, the use of social media treads a fine line between positive and being detrimental to one’s case.
By its very nature, social media sets several traps for users, and given the high emotions that often occur during family law cases, social media can seem like a welcome outlet to vent one’s frustrations and even anger. However, whilst it might seem therapeutic to call your ex-partner out for what you perceive to be their failings and how unfairly they treated you during your marriage, the family court will almost certainly not see it that way. The risk goes further than posting unacceptable statements about your ex-partner yourself, as it also extends to what your friends and family do on social media too. It might not be you, but by liking or sharing such posts you are guilty by default as in effect you are republishing those insults and abuse.
Bear in mind it is not difficult for anyone to find what you have been publishing and sharing on social media. That includes your ex-partner and their legal team. In a case relating to child visitation, your family lawyers painting you as the perfect mother or father is completely undermined if minutes later the other party’s lawyer can show a litany of insults, abuse and threats made directly or liked and shared by you.
Family courts have increasingly been seen to accept social media as evidence, and if what they are shown by your ex’s family lawyer paints a picture of someone who makes threats and abusive comments via that medium then the courts are more than likely going to take them into account when making its ruling.
Rulings relating to property settlements can also be influenced by social media posts, and there are cases where it has shown that the evidence presented by one side was false. A prime example would be claiming to be struggling financially to try to pay child support at a lower level, but on social media have posts showing a new sports car and holiday photos onboard a luxury cruise ship.
Another way that social media can bring you into conflict with the Family Court, is if you make posts that effectively give a running commentary on your case. Further, if you were to start making insulting comments about lawyers representing your ex, or worse, the judge making the decisions, then the consequences can be as extreme as you could be found in contempt of court and face a fine, or even imprisonment.
By all means, use social media, but either resist the temptation to make any comments or posts whatsoever about your Family Court case or better still, take a break from social media until it is has been resolved.