The answer is yes. However, you should also be aware that such evidence is usually deleted before it can be used, so if there is evidence of a post which you think is relevant to your case, it is important to screen shot it with the date and phone number/email address or social media address that it has been sent from before it disappears. Screen shots without the contact details and the dates are unhelpful as evidence.
Parties involved in family law disputes must be aware that what they share online can be included as evidence.
Parties in family law matters are progressively relying upon digital evidence to support their case, particularly where social media evidence may be used to resolve a disputed fact, such as whether family violence had occurred or whether there had been an admission which is now denied.
When deciding on parenting orders the principal consideration is the protection of children from harm or family violence. In cases where violence a child’s welfare is a disputed fact, photos or videos which show a parent acting violently, abusively, or making threats may be used in court.
A self-employed parent who is avoiding the responsibility of financially supporting children from a prior relationship, or a spouse who has no current earning capacity by failing to declare their full income, may be exposed by social media posts of that person on expensive holidays, eating out or having recently acquired expensive assets.
De facto relationships
One of the issues that often occurs in a de facto law matter is whether a de facto relationship in fact existed, and if it did, when did it commence.
Relationship status updates on social media may indicate the couple were living together at a time which is denied by the party benefiting from a shorter or non-existent relationship.
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