When it comes to social media and family law proceedings it pays to ‘keep it in the family’, warns a leading Gold Coast family lawyer.
Jones Mitchell family lawyer Orlena Moloney said many people were unaware that using social media while in the midst of a family law matter may be a breach of the Family Law Act, and punishable by prosecution.
“In today’s modern world, many people use social media and Facebook in particular, as an outlet to vent their frustration against their ex partner,” said Ms Moloney.
“While this might feel like a release and you may think that you are doing so privately, if it is found to be a breach of the Family Law Act there are far reaching consequences.
“Beyond that, the Court might also consider such conduct as being relevant to its decision in a parenting or a property settlement matter.”
Under current legislation, Section 121 of the Family Law Act makes it an offence to publish (including by electronic means) any material that may identify a party or parties in proceedings before the Family Court or the Federal Circuit Court.
“Couples also need to consider their privacy settings and who might be reading their page, looking at their photos and considering the contents of comments made,” said Ms Moloney.