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How social media is changing outcomes of family law matters

Permeating nearly every aspect of society, social media’s influence extends to family law cases within Australia with a frequency that would surprise those outside of the legal profession, writes Michael Tiyce.

user iconMichael Tiyce • 11 July 2024 • The Bar
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From high-profile custody battles to contentious divorce settlements, social media platforms have become powerful witnesses that are being called to the stand more often than ever, even swinging outcomes.

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Posts and tags, not only from individuals going through the proceedings but also from those close to them, such as children, friends, and extended family, can and are being used as evidence – a trend that should make many hesitate before they press post.

Famously, in the case of Yabon & Yabon (No 4) [2020], His Honour Justice Forrest referred the father’s wife to the Australian Federal Police for violation of section 121 of the Family Law Act 1975 (Cth), prohibiting the publication of any information that may identify the parties or the children involved in family law proceedings.

In this case, the father’s wife, Ms Yabon, admitted to uploading videos of one of the subject children saying negative things about her mother and stepfather to a social media page to persuade members of the public to donate funds to help the father fund his legal action.

While an extreme case, it showcases the power of social media in family law cases. From publicly broadcasted blunders to itchy Twitter fingers venting what should have stayed in the solicitor’s office, here is how social media can sway cases in the courtroom:

  1. Insight from children’s profiles
The social media profiles of children have become a go-to in gathering evidence during family law proceedings. Judges may examine these profiles to gain insight into the child’s lifestyle, interests and even potential exposure to inappropriate behaviours or influences. Photos, status updates and interactions can reveal aspects of a child’s life that may not be apparent during courtroom proceedings, offering a nuanced perspective that influences court decisions and parenting arrangements.

  1. Financial disclosure and property division
Beyond personal interactions, social media can impact the financial aspects of family law cases. Posts about financial assets, lavish expenditures, or new business ventures can directly influence property division negotiations. Evidence of undisclosed assets or misleading financial disclosures can be discovered through social media trails, providing a clearer picture of each party’s true financial standing.

  1. Communication and conflict resolution
Messages exchanged between former spouses or partners on platforms like WhatsApp or Messenger are increasingly being used to substantiate claims related to child support, spousal maintenance, or co-parenting agreements. Courts may review these exchanges to assess the nature of communication between parties, evaluate compliance with court orders, and resolve disputes over visitation schedules or financial responsibilities.

Social media’s constant presence in the lives of its near-ubiquitous user base, paired with a lasting lack of awareness by users, will keep these platforms in courtrooms across the country. What individuals share online can significantly influence judicial decisions, affecting custody arrangements, financial settlements, and the overall outcome of family disputes.

As such, legal professionals and individuals involved in family law proceedings must be increasingly mindful of their digital footprint and the potential implications of their online activities.

The intersection of social media and family law represents a complex landscape where the boundaries between personal expression and legal scrutiny are increasingly blurred. As courts adapt to this digital age, the role of social media in shaping family law outcomes will undoubtedly continue to expand and evolve.

Michael Tiyce is the principal at Tiyce & Lawyers Family Law Specialists.

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