Social media has become part of daily life, but in family law proceedings, it can be more damaging than people realise. At Southern Waters Legal, we frequently see how posts, photos, and comments on platforms like Facebook, Instagram, or TikTok are used as evidence in court. What you share online may feel private, but it can have lasting consequences for your matter.
Recently, we acted for a party that agreed not to drink alcohol during proceedings. Unfortunately, they later posted photos of themselves drinking, which the court saw as a breach of trust and a stain on their credibility. The images became damaging evidence, highlighting the risks of assuming privacy settings will protect you. This is just one example of how social media activity can impact outcomes in family law disputes.
Why Social Media Matters in Family Law
Family law cases often deal with sensitive and highly personal issues, such as children, parenting arrangements, finances, property, and sometimes safety concerns.
Social media posts can:
- Undermine your credibility before the court.
- Contradict the evidence you have given.
- Be misinterpreted or taken out of context.
- Cause lasting damage to your matter.
Once posted, content can be captured, saved, or screenshot instantly. Even deleted posts are not “gone” if someone has already taken a copy.
What Not to Post During Family Law Proceedings
To protect your position in a family law matter, avoid sharing:
- Photos or comments involving alcohol or drugs, especially if you’ve agreed to remain sober.
- Negative comments about your ex-partner or their family.
- Evidence of luxury spending or large purchases if you are claiming financial hardship.
- Details about your children or confidential court matters.
- Messages or posts that could be viewed as harassment, threats, or intimidation.
Courts often treat your online behaviour as a reflection of judgment and responsibility. Something you see as harmless could carry serious legal consequences.
Should You Delete Old Posts?
Deleting content may seem like a quick solution, but it can backfire:
- Deleted material may have already been saved or shared.
- Sudden removal of content can raise questions or suspicions.
- It may affect how the court perceives your credibility.
The safest option is to speak with your solicitor before making any changes to your online activity. Professional strategic advice can help you protect both your matter and your reputation.
How Southern Waters Legal Can Help
At Southern Waters Legal, our family law team has extensive experience guiding clients through complex matters, including the risks posed by social media. We provide practical strategies to safeguard your matter and reduce unnecessary stress. Whether your matter involves parenting arrangements, property settlements, or litigation, we are here to support you with expert legal advice and a compassionate approach.
Contact us today to arrange a confidential consultation with one of our family lawyers.
