24 April 2026
How Social Media Can Impact Your Family Law Case
Separation can be a difficult time for anyone. Often, and sometimes without thinking, people air their grievances on social media about their current circumstances, ongoing custody disputes, or even details of their ongoing Court matter or opinions about a particular Judge.
Posting on Facebook, using Snapchat or sharing stories on Instagram can prejudice your case and provide useful evidence for the other party. Not only that, but it could also get you into trouble.
Section 114Q of the Family Law Act 1975 (Cth) (“the Act”) outlines that it is an indictable offence for a person to communicate to the public an account of family law proceedings that identifies a party, a witness, or another person relating to the proceedings.
If you make such a post, you could find yourself in “hot water” and may even be referred for prosecution.
On the other hand, you might be out on a Friday night with friends and decide to post photos or stories of you and the group “out on the town” at 1:00 am. While this may seem harmless at first, you could inadvertently prejudice your case if the children are meant to be in your care on that particular occasion.
If you are going through a separation, it is best to simply refrain from posting on social media. There is no circumstance where a social media post will benefit you or be advantageous to your family law matter.
We have a team of family lawyers experienced in all aspects of separation, divorce, property settlements, and estate planning matters. We have six locations across South Australia. If you would like to have a confidential discussion about your personal situation, please contact our friendly Family Law team on 8238 6666 or alternatively, send through your enquiry to enquiry@andersons.com.au