Facebook increasingly relevant in Family Law cases
Love it or hate it Facebook is now clearly a part of everyday life for a vast proportion of us. Recent statistics show that one in thirteen people on earth hold a Facebook account with over 50% of those logging in every day. It is perhaps unsurprising therefore that industry insiders claim that one in five divorce petitions now contain a reference to Facebook. This statistic has been reflected in our work here in the Family team as we have seen a steady increase in references to Facebook in all areas of our Family work.
Perhaps the most common reference to Facebook appears following the breakdown of a relationship and when considering the relevant ‘fact’ upon which to draft the divorce petition. The ill thought out “congratulations” posted on the ex-spouse’s Facebook ‘wall’ by friends and family upon the ex-spouse moving in with their new partner can help establish reliance on the fact of adultery. The same is true of the even more ill considered change of relationship status from ‘single’ to ‘in a relationship’. Unpleasant ‘posts’ about the ex-spouse can also be cited in order to bolster an unreasonable behaviour petition, as can the cruel public airing on Facebook of what went wrong.
References are also made to Facebook in resolving financial issues. An increasing number of separating spouses now bring us Facebook ‘evidence’ (in the form of sunny holiday snaps) of the number of exotic holidays taken by the ex who has been pleading poverty. The Facebook wall also catches many out with family members posting congratulations about a new job or even a win on the horses! Whilst this ‘evidence’ is not conclusive in itself, it provides us with a good starting point for further investigation.
Facebook is also increasingly referred to in Children Act cases, particularly by separated parents who are concerned about the nature of their children’s photographs which have been publicly posted, or even complaining that their child has a Facebook account of his or her own before the age of thirteen (the age restriction set by Facebook itself). On the plus side Facebook can be a great source of communicating and maintaining regular indirect contact between a separated parent and their teenage child, particularly when the child has been moved overseas or even when they are on a long overseas holiday with the other parent.
Whether we like or it or not Facebook is here to stay and Facebook members should appreciate that anything posted by them or their ‘friends’ is accessible to others and may be used in a different context to that originally intended.
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