Brisbane, QLD (PRWEB) July 15, 2013 -- In this case presented to the Family Court Of Australia (FamCA 746), the Father sought that the Mother and child be returned to New Zealand from Australia. The Mother argued that the relocation to Australia was by agreement, however her comments on Facebook were determined by the Court to indicate that she had made the decision alone.
The Court ordered that the child be returned to New Zealand.
In an interview for the Courier Mail a Brisbane Federal Magistrate commented "It's Facebook, not evidence". While conceding that "you can't ignore it" his overriding view was "we're not running a Facebook Court".
Although some judicial officers demonstrate a reluctance to allow such evidence to be determinative, Brisbane Family Lawyer, Michael Lynch, has observed an increasing number of divorce court rulings influenced by social media activity.
"It does seem as though Australia is on the brink of following the trend being observed in America, where some Facebook postings have been deemed crucial on determining the outcome of Court cases" he says.
Couples going through stressful and ugly separations often make the mistake of venting their emotions online. Commonly one person will admit on wall posts that they are pursuing extra funds in retaliation, or say that they are relieved the children are gone for the week.
Other examples include photos or anonymous posts suggesting they have been at parties drinking or doing drugs when they should have been at home with their children. Something that may be considered funny to some can be used by the other parent as fuel to frame them as a bad parent, or lacking in care for the children.
As a consequence, monitoring the other spouse's movements and comments on social media websites is a good precautionary step to take, as well as making sure that you log off and stay offline.
Social media and online communication presents both traps and opportunities in family law matters. If you are involved in a family law matter yourself, assume that anything and everything may be used as evidence - updates, comments, uploads - so, "stop it" and log off!
About Michael Lynch
Michael is an experienced Brisbane Divorce Laywer, having practiced for over 23
years, specialising in Family Law and De Facto Relationship Law. He is well
recognised and respected as one of Queensland’s leading Family Law Specialists
and has extensive experience in complex Family Law matters, including Property
Settlement and Children’s matters.
The full case record can be found at
http://www.austlii.edu.au/au/cases/cth/FamCA/2010/746.html
Pam Beauchamp, Michael Lynch Family Lawyers, http://brisbanefamilylawyer.com, 61731665397, [email protected]
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