What Part Does Social Media Play in Court Proceedings Relating to Children?

Reference to Social Media is increasingly frequent in family proceedings. Parents of any children known to Social Services or the Court should be very careful what they put on the internet, Facebook, Instagram or any social media.

The Courts do have the power to grant Injunctions to prevent disgruntled parents speaking out publicly, such as on Social Media websites, about Family Law Proceedings.

This Injunction is called a Contra mundum Injunction which means “against the world” and is intended to be never-ending.

In the case of Re J which involved a new born child in Care Proceedings, an Injunction was granted.This case raised important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as in this case, their complaints were about the care system. This case also raised important questions about how the courts should adapt to the realities of the internet, and in particular social media. The Father in this case had placed material on specific internet sites available generally on the World Wide Web. This material identified the child who was the subject of these proceedings. Concerns were raised that such media exposure not only is in breach of the child’s right to privacy but may also put the child at risk of harm now or in the future. The Court decided to grant an injunction that would last until the date of the child’s 18th birthday to provide protection from any further material being placed on World Wide Web and social media sites by the Father which would specifically identify the child.

Usually in cases such as this, the Courts initially accept formal promises from the person producing the material not to do it again, but if promises are breached, the Courts do have the power to send the perpetrators to prison.

On a separate note, parents should also be aware that Social Workers and others involved in the Court process may also look at their Facebook and other sites to see what they have been doing and who they have met with, or are in touch with. This evidence can be used in Court. It may show for example that you are still in contact with a violent partner, or someone who poses a risk to children, or that you have been photographed out drunk when you say you have given up that lifestyle.

Jo Taylor
September 2017