The rise and rise of social media sites
including Facebook, Instagram, Twitter, Snapchat, WhatsApp and WeChat has
presented significant challenges for lawyers practising in all areas of law, but
particularly in family law.
Social media sites are more and more
attractive to people wanting to vent their anger, frustration or
disillusionment with what is going on in their lives, and this is reflected in
what practitioners see.
Often nowadays instant messages,
Facebook chats and emails between parties are submitted to Court as part of the
evidence gathering process.
It is particularly dangerous for people
engaged in negotiations or in Court proceedings to be continuing to post about
their situation on social media.
Posting Court documents on social media
can be a criminal offence under the Family Law Act 1975, whilst discussion of
proceedings or children involved in proceedings may contravene family law or
intervention orders.
These types of breaches can attract
serious penalties including periods of imprisonment!
Most of the material posted on social
media is not quite as clear-cut as this, but can still cause very serious
damage to a case.
If a person, for example, posts about
their drinking habits or who they are socialising with, allegations of
inappropriate conduct with children might be raised.
Delicate and already damaged feelings
may be further hurt by frequent posts concerning new partners, resulting in an
escalation of hostilities and tension in family law negotiations.
Even posts that do not directly relate
to a case may indicate somebody’s state of mind, preparedness to compromise or
wanting to ‘give up’.
For these reasons, and very many more,
it is a golden rule of family law to minimise and ideally cease social media
posting at least during your case.
At the very least, parties should be
aware of the risks and lawyers should advise of the risks, so that people can
make informed decisions about their actions.
To speak more with our family lawyers
about these types of issues, including what social media posts can be used as
evidence and how, call our Richard Hamilton, Senior Family Lawyer, on 03 9614
7111, or email melbourne@nevettford.com.au
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