In a world where everything is on-line, social media has become the way that many of us communicate. Whether it is checking in with family or friends or posting something of interest to you, or the all popular ‘looksie here’ post to attract attention to whatever it is you may be doing.
In family law proceedings where there is high conflict and emotions are fueling behaviour, social media can be a real trap for parties! Things can be said in spite or in an attempt to ‘fight’ back at the other party. These posts are public and once published are out there F O R E V E R ! ! ! !
Posts can delay settlement discussions and then be used against a party in Court. Time and time again we see strings of text messages, face book posts or screen shots be used as a means to destroy the other parties credibility and in turn their case. For example, pics of your fancy new car or lavish lifestyle could be used as evidence of your capacity to pay spousal maintenance; tipsy pics with your ‘buddies’ on a night where your lawyer has indicated to the other parties lawyer you weren’t able to care for your children could discredit your ability to prioritise your children’s needs over your own; or the popular non-disclosure of income yet there are pics of fabulous overseas adventures with your employment history listed on your LinkedIn profile and there for the taking… Hey, as lawyers if we weren’t putting our client’s best case forward we wouldn’t be doing our job!
Emalene Gemmell Family Law
Family Lawyers
