Think before you hit send

Can your text messages, emails and social media posts be used against you in a family law dispute?

Family law disputes before the Court in Australia will usually involve very personal and sensitive issues - dividing up property and finances, disputes around co-parenting arrangements for children, or family violence allegations. Can your text messages or other written communications be used against you in a Court dispute?

Yes - absolutely. Parties in a family law dispute will often submit copies of text messages, emails and social media posts as evidence to support their case. These communications can be used in a family law case to:

• show the nature of the relationship between the parties (e.g. can they communicate and co-parent effectively)

• demonstrate patterns of behaviour (eg. harassment, threats, poor communication)

• support or challenge allegations of family violence.

It is important to remember that anything you put in writing can one day be read in Court. A message written in the heat of the moment in an argument, can later be used against you to challenge your credibility, your parenting capacity, or your intentions.

Tips to communicate safely during a family law matter:

• Always be respectful: even when emotions are high - avoid insults or threats. You are better to not send a message at all, than to send a message you will later regret.

• Stick to the facts: try to focus on practical issues and arrangements, and avoid being drawn into any unnecessary communication.

• Think before you hit send: ask yourself before you hit send: Am I happy for a Judge to read this?

• Keep records: save any important communications that you think you may need to rely on later in your case.

The best approach in any family law dispute is to always remain calm, clear and be respectful. If you are finding it difficult to manage communication with your former partner, then you should obtain legal advice from a family law.