Could a Facebook Post affect your chances in the family court?

Could a Facebook Post affect your chances in the family court?

By Edward Sutch

Published: 29 Aug 2025

Going to Court can be a difficult and emotionally trying time, especially in cases concerning children. It is only natural for those involved in proceedings to fall back on friends and family to support them.

Proceedings concerning children are confidential, however, and should not be shared unless authorised by the Court. All Court Orders in these matters contain a warning that information should not be shared more widely. This is because they contain information which could be used to identify the children, such as names, dates of birth or where they go to school.

The Court therefore takes a dim view of parties posting information relating to proceedings online. In a recent case, the mother told the Court that she had set up an online fundraising account to help with her legal fees. This page contained a photograph of herself and the children and identified all of them by name. It also provided details about the ongoing case, which included her applications and the allegations of domestic abuse against the father. It would appear the mother did not realise that she was doing anything wrong.

Following this when the mother made an application to take the children on holiday, the Judge refused the application. He also made a barring order against her, which prevented her making any further applications that year. The Court could have potentially also found the mother in contempt of Court however it was not thought to be proportionate as the mother had removed the webpage and apologised.

This case highlights the serious consequences that could follow even an inadvertent breach of confidentiality. If a breach occurs, punishment for contempt of Court can include a fine, up to 2 years imprisonment, or potentially both depending on the severity of the breach.

As the case above shows, it is not worth the risk of posting something on social media. Even where the actions are not deemed to be intentional, the Court will take it extremely seriously.