An important rule in family law proceedings concerning children is that they are confidential, which means that you cannot publicly share anything unless you have been given permission from the Judge. This means that anything that is happening in your proceedings, and any evidence that has been disclosed cannot be posted to your social media site, even if your account is private and can only be accessed by your friends and family.
Furthermore, what is posted on social media can also be used as evidence against you, and professionals may look on your social media sites to see whether you are doing anything contradictory to the case that you are presenting to the Court.
What Will Happen If I Post About My Court Case?
To answer this simply, it is treated as contempt of Court to publish anything relating to such proceedings. This is to protect the people involved in the case, particularly the children. The Courts have the power to grant what is known as an injunction, in other words a sanction, to prevent parents speaking out publicly, such as on social media sites, about their proceedings.
In a recent case Re J, a father was found to be posting information on social media sites relating to the proceedings he was involved in, and this information identified the subject child. This was concerning as not only did it breach the child’s right to privacy but also could have put the child at risk of harm both now and in the future. The Court ordered the father to remove the content from social media and also decided to grant an injunction that would last until the child turned eighteen, to provide protection from any further information being placed on the internet and social media sites by the father that would specifically identify the child.
Usually, in cases like this, the Court will initially accept a formal promise from the person posting confidential information online that they will not do so again, however if promises are broken then the Court has the power to send this person to prison.
If you are unsure what you can post or share on social media or what information you can discuss with anyone it is best to speak to your legal representative. If you do not have a legal representative, then you should ask the Judge what information, you can share.
Can Social Media Posts Be Used As Evidence?
In short, yes, what is posted on social media can be used as evidence against you. Professionals and others involved in the Court process may look at social media sites to see what you have been doing, who you have met with and who you are in touch with. This is because it could show the Court if you have been in contact with a violent ex-partner, or someone who poses a risk to children or if you have been photographed drinking alcohol when you have declared to have given up that lifestyle.
In private Children Act proceedings, and also Family Law proceedings such as financial cases, the other side can use social media posts and text messages against the other party(s) during the case, which could have a big impact on the final outcome.
It is very important to be aware that whatever is posted online or sent to a third party could become public within the Court proceedings and could be used against you. Furthermore, the Court can take a poor view of someone who uses social media as a way to play out their emotions and vexations with the proceedings, particularly if it invades the privacy of another party.
As a rule of thumb, if it is online, it can be used as evidence for or against you.
How Can Timms Help?
If you require further information regarding posting online or you need representation for your family court case, please contact us on freephone 0800 011 6666 or via email at legal@timms-law.com.
