We live in an age where many parties to family law disputes have social media accounts on Facebook, Instagram, TikTok ect. In the last 10+ years which I have been a practicing lawyer, I have seen these platforms increase in popularity, including by parties who are separating and may be subject to a family law dispute.

Separation can be stressful and at times, parties may feel the need to “vent” about conduct engaged in by the other party, be it in a co-parenting setting or during a property settlement dispute. When these complaints are aired in public online forums, they are easily accessible and can be placed before the Court by the other party in an attempt to prove (or disprove) an allegation. Even if privacy settings are restricted, I have seen third party allegiances such as friends and family change during separation which can often result in these “private” posts ending up in the hands of the other party. This can include messenger type comments.

Parties to family law disputes should always be mindful of what they choose to say in any post they may consider making on social media (or on any other online platform, public, private or otherwise). These posts often end up in the hands of the other party and before the court. If this happens, this could result in the poster being viewed adversely and these posts could be damaging to their case.

If someone you know is going through a family law separation, please share this post with them.