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Social media use has become a staple of everyday life. With a wide variety of platforms enabling you to access different information within your social network including: Facebook, Twitter, Linkedin, Instagram and Snapchat, individuals are able to communicate with others as fast as a click of a button. Because of its ubiquitous nature amongst people of all ages, it’s no surprise that social media is often misused and utilised as a tactic to foster abuse, in turn, creating a plethora of issues in the family law space.
Using social media as evidence in litigation
In addition to derogatory posts that discuss proceedings online on social media, information derived from social media can be utilised in a number of ways that can be used as evidence in litigation including:
- Posts and photos of parents on vacation or living lavishly when an argument of incapacity to pay child support is being made;
- Derogatory posts regarding the other party involved in proceedings, including screenshots of messages and the use of aliases;
- Questionable content such as videos or photos of activity with the child that can cause an issue of safety or risk to arise;
- Evidence that conflicts with statements made as to why ordered time with children have not been adhered to (for eg. not spending time with the child because you said you were sick, but in fact, you were out drinking);
- Evidence that displays a party is not providing full and frank disclosure (for eg. posts of expensive material items or purchasing of property, or evidence of employment from Linkedin);
- Photographs or posts that clearly display a relationship which can be used by the court to determine the initiation and length of a de-facto relationship;
- Parents or relatives of parents tagging each other in material which implicitly is derogatory to another party (for eg. tagging in a meme).
All these and more can be utilised as evidence in your family law matter. This can significantly affect the results you wish to achieve.
Is it illegal to talk about family law proceedings online?
The prevalence of social media and its ability to affect family law proceedings has been acknowledged in legislation. Section 121 of the Family Law Act prevents a person to publish “by other electronic means or otherwise disseminates to the public or a section of the public” any account of any proceedings that identifies a party to the proceedings, or a person who is related to or associated with a party to these proceedings. These include witnesses, relatives or children. This means any information that is disseminated on social media in this manner constitutes an offence. This can not only have adverse effects for your case, but can also be punishable upon conviction by imprisonment. So the next time you consider making a Facebook post, think twice!
Due to this, it is becoming increasingly common to insert specific reference to social media within a non-denigration clause in orders.
What is Our Family Wizard?
Our Family Wizard is a tool which allows parents to communicate in a manner that is thoughtful and reflective, rather than reactive. Intrinsically, regular messaging, Messenger, Whatsapp, etc. all possess an aura which does not specifically indicate the seriousness of what you are saying. That is, you use the same apps to regularly talk with the people around you. Since family law proceedings are more serious and there are more rules and consequences attached, Our Family Wizard works to create a more reflective platform for effective communication in co-parenting to occur. Each entry is time-stamped so as to prevent a game of “he said, she said” in proceedings. Different sections within the website/app can be used to create a Shared Calendar for events relating to the children, Expense Log, Information Bank, Journal, etc.
Orders relating to communication being exclusively on Our Family Wizard have been made by the Family Court and the Federal Circuit Court in the past and continue to be made. Orders have even been made to only use other messaging apps in case of emergency. Its endorsement by the Courts has been increasing and lawyers of parties are encouraged to suggest the website/app to their client. It may seem like a hassle or a difficult step, but fundamentally, it facilitates effective communication that greatly benefits your family law matter.
To learn more about Our Family Wizard go to https://www.ourfamilywizard.com.au/.
Our recommendations
We understand that being involved in family law proceedings can be an incredibly stressful time. Sometimes you may feel like you need to let it all out but we highly recommend to not post anything on social media – even if the other party and their relative/s are blocked.
We suggest the following:
- Do not mention anything about the proceedings, including parties and/or witnesses (remember, it is an offence!);
- Review your privacy options, but even so, do not use it as reinforcement to post even if no one else can see it;
- Journal your thoughts and emotions – in this way, you aren’t bottling things in and getting things out in a healthy way;
- If you come across material online that discusses proceedings, notify your lawyer ASAP;
- Before you post things on social media, double-check the content and the implications it may have.
Kalpaxis Legal firmly believes in amicable separation and is readily available to assist in your family law matter. Rest assured, that we will ensure that proceedings run smoothly and that your concerns are met.
If you would like to discuss your family law matter, please contact us here or give us a call on (02) 8631 8593.
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By Cassandra Kalpaxis
Collaborative Family Lawyer
Parenting Expert[/vc_column_text][/qode_elements_holder_item][/qode_elements_holder][/vc_column][vc_column width=”1/2″][/vc_column][/vc_row]
