Reading Kate Graham’s blog this week about her step into the world of technology, reminded me of a topic I have written about before, the Pitfalls of social media use during Family Court proceedings.
We often use social media as an outlet to vent our frustration about certain things. It may feel cathartic to ‘let it out’ but is it a smart move when you are in the middle of a family law proceeding? Some questions to ask if you are in the midst of Court proceedings:
Do I need an account?
Firstly consider whether you need a Facebook, Instagram or Twitter account at all whilst your dealing with your family law matter?
Do I want someone else reading this?
If you must have a social media page remember the old adage, ‘If you don’t have something nice to say, don’t say anything at all’. Think about whether you would want a Family Court Judge, or an expert appointed by the Family Court, reading your (or your family or friends) comments. It does not take much for comments and opinions to be taken out of context, particularly if the other party is looking for a certain angle that will assist them in making out their case before the Judge.
Be mindful of the fact that Section 121 of the Family Law Act makes it an offence to publish (including by electronic means) any material that may identify a party or parties in proceedings before the Family Court or the Federal Circuit Court.
Is my account set as private?
Finally, consider your privacy settings and think about who is reading your page, looking at your photos and considering the content of comments made by you and your friends. Don’t forget your ex partner’s lawyers know how to use Facebook too!
What if I am on the receiving end?
If you are on the receiving end of negative social media commentary by your former partner or their associates, take comfort from the Courts’ decision in Lackey & Mae [2013] FMCAfam 284 (4 April 2013). This was a very serious breach of Section 121 of the Family Law Act. In this case Mr Mae and his family had not only denigrated the Court, the Independent Children’s Lawyer and Ms Lackey but had also breached Section 121 of the Family Law Act by publishing details of the current proceedings.
Orders made in that case include;
(a) An order preventing the father and his family from publishing any material relating to the proceedings, the mother or the mother’s family on Facebook or other social media sites;
(b) An order for the father to remove from Facebook all references to the proceedings;
(c) The Marshall of the Court (and/or the Australian Federal Police) were to periodically monitor Facebook for a period of two years to ensure that the father and the paternal family complied with the Orders;
(d) If the father or his family were found to have breached the orders in that two-year period, the matter was to have been referred to the Federal Police for prosecution of the breaches of Section 121 of the Family Law Act.
Whilst it feels like a release to vent on your Facebook page, and you may think that you are doing so privately, if it is found to be a breach of the Family Law Act, there are far-reaching consequences. Beyond that, the Court may also consider such conduct in the manner in which it determines a parenting case (and, in some cases, a property settlement matter).
In short, your family law matter and social media may be a relationship doomed to fail!
