
Sharing the highs and lows of our lives on social media keeps us connected to family and friends. However, social media poses many complications in family law disputes and must be used cautiously so as not to hinder possible outcomes.
As our staff continue to work from home, please note that our offices are unattended. If you would like a meeting, please email us on vania.holt@vaniaholt.com.au or call us at 0425 736 057
As our staff continue to work from home, please note that our offices are unattended. If you would like a meeting, please email us on vania.holt@vaniaholt.com.au or call us at 0425 736 057
Sharing the highs and lows of our lives on social media keeps us connected to family and friends. However, social media poses many complications in family law disputes and must be used cautiously so as not to hinder possible outcomes.
Section 121 of the Family Law Act 1975 (Cth) prohibits a person from publishing or communicating confidential information relating to court proceedings. This includes identifying the other party, a person related or associated to that party, or a witness. It extends to identifying a person by way of personal characteristics such as a residential address, physical description, employment, relationship to other parties, recreational interests, or by property the person owns or associates with.
Breach of this section could influence a Judge’s behavioural assessment of the party. However, consequences of breach also extend beyond the family law dispute. It is an indictable offence and the party may face imprisonment up to 12 months’
Your family law dispute may go before the Federal Circuit and Family Court of Australia. Posts and comments on social media can be used in court to verify facts.
Social media posts can be used as evidence in the following ways:
Inflammatory content can be posted in the heat of moment while you are in a high emotional state. However, you should not attempt to delete online material. It is easy for the other party to screenshot social media content for evidence at any time. Deleting material may be considered tampering with evidence and further hinder your case.
Here are some easy tips when involved in a family law dispute
It is best to have a discussion with your divorce or child custody lawyer before doing anything on social media. If you are looking for a lawyer to guide you through your family law dispute, please contact us.
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