Social media is a powerful tool for communication, but when you’re involved in a family law case, your online activity can have unintended consequences. What you post, share, or comment on can be used against you in court. Understanding the risks can help you avoid costly mistakes and protect your case.
How Social Media Can Impact Your Family Law Case
Family law cases often involve sensitive issues such as finances, parenting, and personal conduct. Lawyers and opposing parties may use social media as evidence to challenge claims or weaken your position. Even seemingly harmless posts can be misinterpreted or used against you.
We often see conduct orders (orders about behaviour) regarding how parties should and should not communicate.
The Family Law Act even has sections that allows the court to make orders respecting conduct and restricting communications. The Provincial Court of BC has a picklist, which is a list of standard wording used by judges, that you can look at to see what could be ordered. Here are examples of conduct orders regarding communication:
The parties shall encourage their respective families to refrain from any negative comments about the other parent and his or her extended family, and from discussions in front of the child(ren) concerning family issues or litigation.
Pursuant to s. 225 of the Family Law Act, the parties shall communicate with each other only in writing by email regarding parenting.
Neither party shall post online about family issues or litigation (describe any other details or restrictions to the communication).
Common Social Media Mistakes to Avoid
1. Posting About Your Personal Life
Sharing updates about vacations, new purchases, or nightlife activities might seem innocent, but they can raise questions about financial responsibility or lifestyle choices. For example:
- Posting photos of expensive trips while claiming financial hardship could impact spousal or child support decisions.
- Partying or excessive drinking images may be used to challenge a parent’s ability to put their child’s best interests first.
2. Speaking Negatively About Your Ex or the Legal Process
It’s natural to feel frustrated during legal proceedings, but venting online can backfire. Courts take negative comments about an ex-partner or the legal system seriously. Publicly badmouthing the other party may be seen as an attempt to alienate children or influence the case unfairly.
3. Sharing Details About Your Case
Avoid discussing your legal situation on social media. Posting court documents, legal strategies, or settlement offers can jeopardize your case and violate confidentiality and privilege. Keep discussions about legal matters between you and your lawyer.
4. Allowing Friends and Family to Post About You
Even if you’re careful about your own posts, tagged photos or comments from friends and family can still affect your case. If someone shares something that contradicts your claims, it could be used against you in court. Consider adjusting privacy settings and asking loved ones to be mindful of what they post.
5. Thinking Deleted Posts Disappear
Deleting a post doesn’t mean it’s gone forever. Screenshots, cached data, and digital forensics can retrieve deleted content. If opposing counsel discovers removed posts that contradict your statements, it may damage your credibility.
How to Protect Yourself on Social Media During a Family Law Case
- Limit Your Activity: The safest approach is to pause or minimize your use of social media.
- Adjust Privacy Settings: Make your profiles private but remember that nothing online is truly hidden.
- Think Before You Post: Ask yourself if a post could be misinterpreted before sharing it.
- Consult Your Lawyer: If you’re unsure about a post or online activity, seek legal advice before posting.
Final Thoughts
You are under the microscope during separation and need to be cautious of everything you do as it could be used against you. While social media helps people stay connected, it can also provide evidence that may negatively impact parenting, support or financial disputes. By exercising caution and being mindful of your digital footprint, you can protect your case and avoid unnecessary complications.
Need Legal Guidance?
If you’re navigating a family law matter and need advice, contact us today to discuss your situation.