Why Facebook Is the Wrong Place for Your Family Court Fight

When you're scared for your children or furious at your ex, posting about it can feel like the only way to be heard. Local community groups make it easy. A photo, a few lines, and within minutes dozens of people are reacting and sharing.

We see these posts regularly. Parents naming the other parent, sharing their photo, accusing them of lying, neglect or being a danger to children. Sometimes the children are named too.

The concerns behind these posts can be real. But posting them publicly almost always makes things worse, for the children and for the parent who posted.

Naming a child can break the law

Family court cases about children are heard in private. If there are proceedings about a child, publishing information that identifies that child as involved can be a contempt of court under section 12 of the Administration of Justice Act 1960, and can breach section 97 of the Children Act 1989.

That includes naming a child in a post about the other parent's alleged behaviour. It doesn't matter that the post is on a local group rather than a newspaper. Facebook is publication.

The rules exist to protect children. Posts get screenshotted, shared and found years later by the children themselves, their friends and their schools.

The court will see it

Judges and Cafcass look closely at how each parent behaves, including online. Screenshots of public posts are regularly put in front of the court.

A post meant to warn people about the other parent often ends up raising questions about the parent who wrote it. Can they keep conflict away from the children? Will they support the children's relationship with the other parent? Do they understand what's in the children's best interests? These questions can affect decisions about where children live and how much time they spend with each parent.

You could face legal action yourself

Publicly calling someone a liar, dangerous or neglectful can lead to a defamation claim if it causes serious harm to their reputation. Repeated posts or targeting someone online can amount to harassment under the Protection from Harassment Act 1997. The other parent may also apply for a non-molestation order, which can cover online conduct.

What to do instead

If you believe a child is at risk, report it to your local Children's Services or the police. Call 999 if there's immediate danger.

Keep a private record of your concerns. Write down dates, times and exactly what happened, and keep any evidence safe. Facts recorded at the time carry far more weight than a public post.

If there are court proceedings, raise your concerns through the proper route: your statement, Cafcass, or directly with the court.

Talk to someone before you post. The family procedure rules allow you to share information about your case with a McKenzie Friend or lawyer so they can advise and support you. That's what they're there for.

If you've already posted something, take it down as soon as you can.

Getting support

Going through family court alone is hard, and it's easy to feel that no one is listening. A McKenzie Friend can help you organise your concerns, understand the process and put things before the court in a way that's taken seriously.

You can find an independent McKenzie Friend near you at familycourtbridge.org.

This article is general information only, not legal advice. If you need advice on your situation, speak to a solicitor or a free legal advice service.