04 Dec How Social Media is Changing the Outcomes Of Family Law Cases
Social media’s influence extends to family law cases in Australia at an surprising rate
Now an integral aspect of day-to-day life, social media’s influence extends to family law cases in Australia at a rate surprising to those outside the industry. This accelerating trend has influenced high-profile visitation cases to messy divorce settlements, with social platforms becoming a powerful witness with the capacity to swing legal outcomes.
“Posts and tags, not only from individuals going through the proceedings, but those close to them, such as children, friends and extended family, can and are being used as evidence in a trend that should make many hesitate before they press post,” says Lawyer, Michael Tiyce*.
“While new legislation surrounding children’s access to social media platforms aims to protect children, they don’t eliminate the challenges social media poses in the family law landscape.”
Famously, in the case of Yabon & Yabon, His Honour Justice Forrest referred the father’s wife to the Australian Federal Police for violation of section 114 q, prohibiting the publication of any information that may identify the parties or the children involved in family law proceedings.
In this case, the father’s wife, Ms Yabon, admitted to uploading videos of one of the subject children saying negative things about her mother and stepfather to a social media page in an attempt to persuade members of the public to donate funds to help the father fund his legal action.
Social media can sway cases
While an extreme case, it showcases the power of social media in Family Law cases. From publicly broadcasted blunders, to itchy Twitter fingers venting what should have stayed in the solicitor’s office, here is how social media can sway cases in the courtroom:
- Insight from Children’s Profiles:
The social media profiles of children have become a go-to in gathering evidence during Family Law proceedings. Judges may examine these profiles to gain insight into the child’s lifestyle, interests and even potential exposure to inappropriate behaviours or influences. Photos, status updates and interactions can reveal aspects of a child’s life that may not be apparent during courtroom proceedings, offering a nuanced perspective that influences court decisions and parenting arrangements. - Financial Disclosure and Property Division:
Beyond personal interactions, social media can impact the financial aspects of family law cases. Posts about financial assets, lavish expenditures, or new business ventures can directly influence property division negotiations. Evidence of undisclosed assets or misleading financial disclosures can be discovered through social media trails, providing a clearer picture of each party’s true financial standing. - Communication and Conflict Resolution:
Messages exchanged between former spouses or partners on platforms like WhatsApp or Messenger are increasingly being used to substantiate claims related to child support, spousal maintenance, or co-parenting agreements. Courts may review these exchanges to assess the nature of communication between parties, evaluate compliance with court orders, and resolve disputes over visitation schedules or financial responsibilities.
As social media’s constant presence in the lives of its near ubiquitous user base, paired with a lasting lack of awareness by users, will keep these platforms in courtrooms across the country. What individuals share online can significantly influence judicial decisions, affecting custody arrangements, financial settlements, and the overall outcome of family disputes.
Being Mindful of you digital footprint
As such, legal professionals and individuals involved in family law proceedings must be increasingly mindful of their digital footprint and the potential implications of their online activities.
Courts adapting to a new social age will no doubt continue to call these platforms to the witness stand. The relationship between social media and family law creates blurred lines of personal expression and usable evidence, making mindfulness about what gets posted more important than ever.
*(No 4) [2020] FamCA 1001
This information was provided by Tiyce and Lawyers Family Law Specialists.
