In his article for Peninsula Kids, Gary Yan, Partner at Coote Family Lawyers, discusses the social media missteps to avoid during separation.

In the digital era, it's become common practice to share details about our personal lives online.

What many people don't realise is that in Australia social media content can be used as evidence in court.

Whether it's content you've posted yourself, or something you've been tagged in, digital evidence can be used to demonstrate aspects of your character, activities you've engaged in, or even your capacity as a parent, whether it is an accurate portrayal or not.

Spousal maintenance and child support:

After separation or divorce, one party may be required to pay spousal maintenance or child support to financially assist their ex-partner and/or child.  If that person fails to make a payment - or claims financial hardship - but posts to social media showing new assets acquired, or expensive holidays taken, this type of content can be used to challenge someone's financial position.

Children's arrangements: 

When determining parenting orders, what's deemed to be in the 'best interests' of the child is always the paramount consideration.  Therefore, any type of post that could create questions around a party's ability to adequately care for children or provide a safe living environment, could impact the determination of custody agreements and visitation privileges.

It is also important to note that under section 121 of the Family Law Act, it's an offence to publish any account of your court proceedings that can identify a party to the proceedings.  This is punishable by fines or even imprisonment.

You can read the full article that was published on page 18 in Peninsula Kids here: 'Pause Before you Post'

If you have any questions or need legal advice please call our team of top Melbourne Family Lawyers on 03 9804 0035.

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