Family Law Cases: The TikTok Influence
Social Media as Evidence in Family Law Although the Family Procedure Rules 2010 encourage...- 23 July 2025
Posted: 23 July 2025
Although the Family Procedure Rules 2010 encourage privacy and discretion in family matters. The reality is that social media content is frequently being submitted as evidence. Screenshots, videos and online behaviour are now part of court bundles in all areas within family law.
Social media content is now being used in a wide range of family law proceedings. In disputes regarding children, parents are often posting videos that show verbal disputes, lack of supervision or intoxication. All of which could call into question that parent’s ability to suitably care for a child. There are often posts which show luxury purchases and holidays which could question a person’s claim that they are suffering from financial hardship. In cases whereby someone is claiming harassment, posts and messages online can help to strengthen their application for a Non-Molestation and/or Occupation Order.
Clients are increasingly being advised by family lawyers to refrain from posting anything whilst their case is ongoing. It is becoming quite common for social media posts to be used against someone during family law proceedings.
We are entering a time when people are documenting their separation and children arrangement disputes on social media. Family court proceedings in England and Wales are traditionally private, with restrictions on reporting and publication to protect children and families. However, the openness of social media creates tension with these principles. It is not uncommon for litigants to breach anonymity rules, sometimes unintentionally, by sharing information about their cases online.
While there is no formal family law legislation yet, which explicitly governs social media use. Judges have begun making it clear in judgments and orders that online behaviour may be considered when assessing a party’s conduct. In some cases, specific orders have included clauses prohibiting parents from posting about one another or their children on social media at all. The balance between free speech, privacy and children welfare is becoming increasingly delicate.
Family law is now grappling with how to appropriately integrate social media into its evidentiary framework. Should there be standard protocols for handling social media evidence? Should there be specific training for legal professionals in interpreting online conduct?
The TikTok effect is marking a fundamental shift in how people interact with the legal system and each other. In the context of family law in England and Wales, it brings both opportunities and significant risks. While social media can shine a light on abuse and provide evidence of harmful behaviours, it can also distort reality, inflame conflict, and jeopardise the welfare of children. As the legal industry adapts to this new digital reality, one thing is clear: social media is no longer a side note in family cases – it is often centre stage.
If you require Family Law legal advice or require representation in a family court, please contact our expert Family Law Team. Call Chelmsford Office 01245 493959 or Braintree Office 01376 556690 or send an email.
Daren specialises in Family Law, from divorce and financial settlements to complex Children Act cases. He expertly handles cohabitation disputes and pre-nuptial agreements, aiming for amicable client resolutions.
- 23 July 2025
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