In a world where so many of us share our lives online, it’s easy to forget that what we post on social media can have real-world consequences. This especially during family law proceedings.
We’ve seen how Facebook, Instagram, WhatsApp, and even TikTok posts have impacted a case, question a parent’s judgment, or suggest inconsistency. While it may feel like your online space is private, the reality is that it can affect you in court – and sometimes, it is.
In this blog, we offer practical advice on how to protect yourself during legal proceedings. This includes children, separation, or financial disputes.
Social Media is Not a Private Diary
Even if your account is set to “private,” it doesn’t guarantee your posts won’t be seen. Individuals like mutual friends or even well meaning family can sometimes take screenshots and share them
Impact on Legal Matters
In legal matters – especially disputes over child contact, domestic abuse, or finances. Your online behaviour can allow the court to assess your character and credibility.
Do NOT Share Court Papers or Case Details
One of the most serious mistakes a person can make during proceedings is posting court papers online. Sharing these documents can reveal private details about a case.
Contempt of Court
Never posting any part of a court document. This includes orders, applications, or hearing notes – could amount to a contempt of court.
Private and Confidential
Family law proceedings are private and confidential. Sharing documents or making comments that identify children, parties involved, or what is happening in court may:
- Breach court rules
- Risk criminal sanctions
- Jeopardise your case
If you’re ever in doubt about whether you can share something, speak to your solicitor first. It’s always better to be safe than sorry.
What Can Go Wrong: Common Pitfalls
Don’t Vent About the Other Parent
Calling your ex names or making accusations on social media, even in vague terms, can reflect poorly on you. Judges expect parents to promote positive relationships between children and both parents.
Don’t Show Off Spending
Posting about holidays, designer clothes, or new cars while claiming financial hardship can raise questions in financial remedy cases.
Don’t Show Drinking, Partying, or Irresponsible Behaviour
Photos or comments that suggest excessive drinking, drug use, or unsafe parenting environments are an issue. The court may raise this content in court during contact or residence disputes.
Don’t Involve the Children
Sharing photos of your child without the other parent’s consent – or worse, involving them in posts about the dispute is an issue. The court harmful and inappropriate.
Real-World Example (Anonymised)
A parent in a contact dispute told the court they couldn’t afford travel to maintain visits. Meanwhile, their social media showed multiple photos from a recent overseas holiday. The other party’s solicitor used this to argue that their financial statements weren’t truthful. The court took this into account when assessing credibility.
Top Tips to Stay Safe Online During Proceedings
Pause Before You Post
Ask yourself: “Would I be happy for a judge to see this?” If not, don’t post it.
Don’t Delete Existing Posts Without Advice
Deleting content after proceedings begin can be viewed as trying to hide evidence. Speak to your solicitor before making changes.
Adjust Your Privacy Settings – But Don’t Rely on Them
Tighten your account settings, but remember: nothing online is ever truly private.
Avoid Engaging in Conflict Online
Don’t respond to baiting comments or messages. Save the evidence and speak to your solicitor.
Warn Friends and Family
Ask loved ones not to tag you in sensitive posts or comment on your legal situation online.
Need Advice? We’re Here to Help
Going through a separation or court case is difficult enough – don’t let social media make it harder. We understand how emotional these situations can be, and we’re here to guide you with compassion, clarity and discretion.
If you’re unsure about how to conduct yourself online or you’re worried something you’ve posted might be used against you, contact us. We’ll give you practical, honest advice tailored to your situation.
