When in the middle of either Financial Remedy Proceedings or Children Act Proceedings, it can be tempting to post about the court proceedings on personal social media accounts. Although this may seem like a good idea at the time, it is not something you should do, for a number of reasons.
The court may be made aware of such social media posts, by an ex-partner or others. This does happen, as screen shots can easily be taken and provided to the court as evidence. It is likely the court would take a dim view of the party who has posted about private proceedings. This could influence future decisions made by the court and negatively impact the party who made the post on social media.
All family proceedings are private proceedings and, although some limited media reporting can now take place in certain types of cases, strict rules remain in place governing what can be reported by journalists. The court remains of the view that children should not be identified in respect of Children Act Proceedings. This means that if you post about your child or stepchild in respect of court proceedings, you could be penalised for this.
It is also important to consider the effect posting on social media would have on a child. If a child can see a negative post made by one parent about the other, this would likely cause them harm and upset. It is likely a child would be upset to know that other people have seen the post and have knowledge of their personal and private matters. The wrong person could be made aware of the post which could cause further harm to the child, for example if they were gossiped about at school. It is therefore possible that one quick post could have a lasting negative impact on a child.
Although social media can be a positive resource, it is important to remember that any post you make, regardless of whether your account is private, can become defined as ‘public’ within court proceedings.
If you would like advice in respect of a family matter, please contact our Family Law Team, who will be able to advise you on your individual circumstances.
This article relates to Family Law Courts and associated proceedings in England.