SOCIAL MEDIA IMPACTS FAMILY LAW WORDS LUCY PADULA, LP FAMILY LAW
When someone disappoints you, it's tempting to vent your frustration on Facebook or Twitter. It might be an ex-partner, a family member, a particular institution or even the government that is the subject of your negative online comment. Be aware that even if you delete the post, it may still exist somewhere online, and can come back to bite you.
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he same can be said about photographs posted on Facebook, MySpace, Twitter, Instagram and other similar online forums, so beware before submitting such information online.
proceedings. This is not limited to newspaper, radio broadcast and television, but also includes 'other electronic means' or otherwise disclosing details of court proceedings. An individual convicted of this offence may be imprisoned for up to a year.
Uncomplimentary comments about your ex-partner can negatively impact the post-separation relationship – and yes, when children are involved, you will still have a relationship with your former partner. It can also affect financial outcomes, like the resolution, or otherwise, of property matters.
In one particular case (Lackey and Mae [2013] FM CA fam 284 (4 April 2013)) it was found that not only the father, but also his family, had made comments about the court proceedings on Facebook. The comments denigrated the mother, the court, the independent children’s lawyer, the judge, experts involved in the case and New South Wales police. Orders were made requiring the father and his family to remove the comments from Facebook. A copy of the orders was given to the Australian Federal Police who were directed to investigate the matter.
Most people will resolve matters without court proceedings; however, such comments can make the path to resolving matters more drawn out and thus more expensive, with emotions running high. Therefore, it is best to avoid putting negative comments in writing, whether online, or via an email or letter. Comments and photographs submitted on online forums can and have been used as evidence in support of particular issues before the court. I recall one case in which one of the parties claimed they had ceased working for some time as a result of alleged health issues. That individual then made a post on Facebook thanking another person for covering their 'shift'. That post was submitted to the court, along with various other pieces of evidence. Derogatory statements made about an ex-partner online, or via email or text message, can and have been used as evidence to demonstrate that party’s attitude towards the ex with respect to parenting matters; comments like 'he is such a loser' are not indicative of a positive co-parenting relationship. Another thing of which to be aware is Section 121 of the Family Law Act 1975, which makes it an offence to publish court 14/ BUBBA WEST
It is important that you and your family and friends do not use online forums to make derogatory comments about your former partner. Regardless of your privacy settings, you never know what comments will be produced to your ex-partner or to the court, and which could impact your post-separation relationship (particularly when there are children involved). Avoid the temptation to express your frustration online. If this is not possible, temporarily deactivate your online accounts.
Who is Lucy Padula?
Lucy is a westside mum who runs LP Family Law, a specialist family law firm in Spotswood. Lucy is dedicated to assisting clients to resolve family law issues with dignity. www.lpfamilylaw.com.au (This article is not an alternative to obtaining independent legal advice and does not constitute independent legal advice. Similarly, attendance at information sessions does not constitute independent legal advice, nor does it constitute a solicitor-client relationship).