Social media is an effective online platform enabling people to share information and remain connected in spite of large physical distances. Increasingly they are playing a pivotal role when relationships are dissolving and affecting families. In fact, in family law cases, information on social media platforms like Facebook, Twitter and Instagram are being cited as crucial evidence.
Electronic communications on such platforms have implications which extend to the legal arena as well. Communication on messages, tweets, online chats, e-mails are all allowed to be used as evidence and can affect a person’s legal interests.
Case Facts
In a recent case of Cooper v. Primeau, social media played a vital role and attracted the attention of judges to how critical it was to pay attention to detail while resolving family law disputes. In this case, the father was the respondent who was posting insulting and abusive comments about his ex-spouse on many social media platforms such as Facebook.
The applicant was the mother who was seeking retroactive child support due to change in material circumstances of the father. She had also claimed that the father was unresponsive and not available on the phone or in person. Finally, the issues of custody of their two young children and child support payments were addressed by the court rulings.
Once the above factual issues were resolved by the court, two pressing issues were still on the table which were:
- If the parents would be sharing their phone numbers with each other
- If the parents were allowed to post pictures of their children online on social media platforms and make comments regarding them and each other
The father agreed to provide his phone number but limited the use of communication only to any emergencies with respect to their children. The court approved the request and accordingly made an order.
Regarding the social media contention, the decision was not easy. The mother had made many accusations against the use of social media platforms by the father. She mentioned that he was making derogatory remarks against her which were visible to the world through online communications and had taken many steps such as:
- Blocking her on major social media platform such as Facebook;
- Making social media a platform to make abusive comments about her and broadcasting their family dispute to the world;
- Mentioning their family issues of child custody and access on social media and unfairly sharing it with the world;
- Was unethically using crowdfunding on social media platforms to raise money for help in his legal expenses while painting the mother in a negative light
The father stated in his defense that he was using social media as a tool to allow his family to get to know his children.
Legal Implications
The court ruled that he was allowed to publish pictures and comments about his children online. Anything related to the child custody dispute or derogatory comments about the mother should not be made by the father at any time on any online platform as it was not in the best interests of the children.
How We Can Help
At Nanda & Associate Lawyers, our knowledgeable Family Law lawyers take the time to understand your specific circumstances and provide tailored and customized solutions. Many legal complexities exist in navigating cohabitation agreements and an experienced Family Law lawyer can help you to navigate better.
Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we provide to each of our clients. We ensure prompt communication and a caring approach to get the best outcomes for you and your family.
