How Social Media Can Impact Your Family Law Case in Australia
Think before you post – your social media activity could be used against you in court.
Social media is a big part of modern life. Whether it’s Facebook, Instagram, TikTok or WhatsApp, most people use these platforms to share personal updates, vent frustrations or stay connected. But when you’re going through a family law matter — such as divorce, child custody, or property settlement — what you post online can have serious legal consequences.
In Australia, family courts can and do accept social media content as evidence. This means that photos, messages, and even “private” posts can be used to support or undermine claims about parenting capacity, financial disclosures, or even domestic violence.
Can Social Media Be Used as Evidence in Family Law Matters?
Yes. Under the
Evidence Act 1995 (Cth), social media content can be admitted in court if it’s relevant and properly authenticated. The Federal Circuit and Family Court have accepted screenshots of Facebook posts, Instagram stories, texts, and private messages — especially where they contradict what someone has said in an affidavit or under oath.
Common examples of social media used as evidence:
- A parent claiming financial hardship posts photos of a lavish holiday.
- A party denies substance abuse, yet shares images drinking or using drugs.
- A co-parent makes disparaging comments about the other party online.
- Threatening or abusive messages sent via social media are submitted in AVO/ADVO applications.
Real Risks and Consequences
Here’s how social media can backfire in your case:
1. Parenting Orders and Custody
Posts that show poor judgment (e.g. excessive partying, violence, or neglectful behaviour) can call into question your capacity as a parent. Courts prioritise the
best interests of the child, and even one careless post can affect the outcome.
2. Breaches of Court Orders
Publishing details of ongoing proceedings — including identifying children or your ex-partner — can breach Section 121 of the Family Law Act 1975, which prohibits the publication of court proceedings in a way that identifies parties or children.
3. Impact on Property and Financial Disputes
Claiming you can’t afford spousal maintenance while flaunting luxury items or big purchases online may harm your credibility. Social media often reveals lifestyle inconsistencies that parties try to conceal.
4. Family Violence and Intervention Orders
Threats, insults or stalking via social media can be grounds for Domestic Violence Orders (DVOs) or Intervention Orders, which can carry serious legal consequences.
What You Should Do Instead
- Pause before posting: Ask yourself, “Would I be comfortable with a judge seeing this?”
- Don’t discuss your case online: Even vague references or cryptic posts can be used against you.
- Adjust privacy settings – but don’t assume this makes you safe.
- Avoid tagging, sharing or reacting to posts involving your former partner or children.
- Tell friends and family not to comment about your situation online.
Social media can feel like a place to express yourself or get support, but during a family law dispute, it’s often a legal landmine. In many Australian family law cases, social media evidence has shifted the outcome — sometimes dramatically.
When in doubt, stay offline or speak to your lawyer before posting. What you share today can resurface in court tomorrow.
Need Legal Advice?
If you’re currently involved in a family law matter, our team can help you navigate your rights and protect your position. Contact The Family Law Professionals today for confidential, practical advice.
