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Family Law and Social Media – What You Need To Know

Do family law courts take into consideration social media posts?

Yes… with the extensive use of digital equipment and the prolific use of social media platforms for communication today, family law proceedings are now relying on posts, comments, photographs & videos as a source of evidence in family law matters.

Examples of evidence where social media has supported a party’s claim may include:

  • posts or comments made by an ex- partner, which are derogatory or defamatory
  • post or comments referring to the specific court proceedings and associated parties, such as DOCS/FACS or the police
  • messages sent to private profiles on Facebook and Instagram accounts
  • photographs or videos of ex-partner’s behaving poorly whilst caring for their child/children
  • inappropriate harassment using a mobile telephone
  • photographs or videos of domestic violence, excessive drinking or using illegal drugs

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