It is becoming more and more common for social media to be introduced as evidence in a court proceeding.

Whether it is a photograph, email or text or even an emoji it may end up in front of a judge. The court’s main concern is to determine whether or not the photograph or the email has been altered from its original form but once satisfied then it will be admitted as evidence.

It is important for clients to make their lawyers aware of any important or relevant information on their ex-spouse’s social media accounts but it is equally important for lawyers to advise their clients to be extremely careful about what they themselves post on social media.

It is also important for clients to have firsthand knowledge about where the evidence came from and it should not be obtained by fraudulent means (i.e. by pretending to be someone else). Beyond that however clients should have no expectations that their social media will be kept private. That train left the station several years ago.


Deborah Todd Family Law Victoria

Deborah A. Todd