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September 27, 2023
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Family Law – Can Using Social Media Affect the Outcome of a Case?

If you are involved in a custody case with your ex-partner, you must consider your actions while the case is pending. Custody cases are always complicated situations, not many of us want to go down this road, but sometimes there is no other option. In today’s family courts, digital evidence is often used to resolve issues.

If you use social media during a custody case, be careful what you post or upload online.

Posts as Evidence

You may not know that it is now becoming standard practice in family law courts to use social media posts to better understand cases. Emails, text messages and more are being used by lawyers to support their clients during child custody cases.

Research suggests that evidence from social media accounts is being used in over 80% of custody cases in Australia. With this in mind, it is important to be diligent when posting online. If you would like to know more about this subject, you can read through websites such as https://www.cgfamilylaw.com.au/ or speak to an experienced lawyer.

It isn’t just Facebook you should be concerned about, posts on Instagram, Twitter and other platforms are being used as evidence in family court.

Social Media Content

You may be surprised at what can be used against you in court when you post content on social media. If you are posting anything public, you should be careful with the content. The information you upload can be looked upon poorly, so consider what you are posting.

Here are some examples of social media content that often gets used in custody hearings.

  • Posts that badmouth the other party who is involved in the case.
  • Any post that refers to the judge, your ex-partner, the courts, or the police.
  • Screenshots of private messages you have sent to others.
  • Images of parents partying, drinking to excess or taking illegal substances.
  • Screenshots of provocative images & online dating site profile pictures

You must be aware of what you post online, even when you think it is private.

Social media content is used in court to show a person’s character, whether correct or incorrect. The judge doesn’t know anyone personally, so they have to decide based on the information presented to them. The content you post on social media platforms is used as evidence to show a party’s capability to care for their kids. If you’re involved in a custody case, be cautious.

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