The Problem with Social Media and Family Law

The Problem with Social Media and Family Law

In this video, Accredited Specialist in Family Law and Award Winning Family Lawyer, Stephen Page, discusses the problem with social media and family law.

Transcript

G’day, I’m Stephen Page from Page Provan Family and Fertility Lawyers. And today, I’m talking about the role of social media evidence in family law proceedings. And I’m going to start with a joke. The old joke was about divorce. Did you hear about Divorced Barbie? She got the goldmine, and Ken got the shaft. And you might say, okay, well, what’s that got to do with this topic? And that is, social media postings are goldmines for family lawyers. And they can often be very time-consuming, as I’m discovering at the moment. Because I say social media, but really, I’m putting two categories in there. One is social media postings, and the other are SMS messages between partners. Each of these are documents. If you want to talk about the difference between a social worker and a lawyer, social workers are really good on people. Lawyers are not so good. But lawyers are really good on documents. We love looking at documents. Social workers are not so good. They’re not so interested in documents. But we look at documents because there’s a clear evidence a document was created for a particular purpose, and it speaks for itself. It may not be the purpose for what’s said about it, but it says something, and it can be very, very helpful or harmful to a case.

So social media. If posts are being put on Facebook or Instagram, for example, or Twitter occasionally, then lo and behold, a family lawyer comes along and sucks them all up in the litigation vacuum cleaner. So one of the things is, if you are contemplating separating, be careful of what you put up, be careful of who your friends are. You may have excluded your ex, but lo and behold, there’s lots of people who are sending that information back, and bagging your ex on there will come back to bite you. I have lost count of the number of times where I’ve put a Facebook post up, and it occasionally, an Instagram post up, where one party has bagged the other. Really, really dumb stuff. Look at your security settings. But even better, make sure that you’re very careful about what you post. General rule, don’t put anything up that’s negative. I wouldn’t put up anything that also says about your court case. I had a trial a couple of years ago where I couldn’t believe it. The other lawyer put up a post on Facebook about how wonderful she’d done in her case, and the case wasn’t concluded.

There was a discussion then that this was really inappropriate and potentially prejudicial to the Administration of Justice. The post came down. So you’ve always got to think about what is the impact if I’m posting about my court case? Generally, bad. The other aspect is if you’re sending messages to each other. Now, you might be doing it by Insta, you might be doing it by Facebook, for example. But if you’re sending it by SMS, the thinking by many clients is, Well, I’ll reach for the phone and I’ll do a screenshot. Please don’t. If you’ve got an iPhone, go to the app SMS export. It’s cheap and there’s similar apps for Android, but it downloads all the text messages, and it comes out as though it’s a Word document or an Excel spreadsheet. Marvellous. It makes it It’s so much easier for the lawyers to go copy, paste, copy, paste. Saves a lot of legal time for lawyers, therefore, saves cost to you. Over and above whatever the app cost is. And there it is in black and white what you’ve sent each other. So very, very helpful tool. And of course, if you’re writing text messages to the other party, remember that they can keep copies too, and they can use them against you later.

Be very careful about what you write. Thank you for watching. I’m Stephen Page from Page Provan Family and Fertility Lawyers.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

ART Update from Australia: Stephen Page Presents at South African Family Law Conference

On 11–13 March 2026, Stephen Page, Director at Page Provan Family and Fertility Lawyers, presented remotely at the prestigious 28th Annual MDT/UWC Global Family Law Conference in Cape Town, South Africa. As Australia’s leading surrogacy lawyer and an Accredited Family Law Specialist since 1996, Stephen delivered “ART Update from Australia”—a comprehensive overview of Australia’s evolving… Read More »ART Update from Australia: Stephen Page Presents at South African Family Law Conference

3 Countries You Should Never Use for Surrogacy

When intended parents consider international surrogacy, the legal and ethical landscape can be treacherous. One government has taken a blunt but pragmatic approach: rather than issuing a blanket prohibition on overseas commercial surrogacy, it has published a short list of specific countries where surrogacy arrangements will almost certainly jeopardise a child’s legal status. That list… Read More »3 Countries You Should Never Use for Surrogacy

Self-Represented Litigant in Family Court Australia: What You NEED to Know First

Representing yourself in the Federal Circuit and Family Court of Australia is increasingly common. Cost pressures, the perceived simplicity of some disputes and a desire to stay hands-on drive many people to act without a lawyer. That can work in certain circumstances, but there are important legal and practical limits to be aware of —… Read More »Self-Represented Litigant in Family Court Australia: What You NEED to Know First

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board