Can Text Messages and Social Media Hurt Your Family Law Case?

A message sent in the heat of the moment can become evidence in a family law dispute.

In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss how texts, emails, social media posts, photographs and other digital communications may affect parenting and property matters.

They explain why context, relevance and patterns of communication matter - and why a message does not need to be openly abusive to cause problems. Repeated late-night messages, emotional outpourings, baiting and excessive communication may all influence how a person’s behaviour and capacity to co-parent are viewed.

The episode also explores screenshots, private social media accounts, posting about Court proceedings, communicating about children online and the risks of entering confidential information into AI tools.

In this episode, we discuss:

· When texts, emails and social media may become evidence.

· Why relevance matters when relying on past communications.

· How message frequency and timing may reveal a pattern of behaviour.

· The risks of abusive, reactive or emotionally charged responses.

· Why “private” or disappearing posts may still be captured and shared.

· Posting photographs or information about children.

· Restrictions on publishing information about family law proceedings.

· Keeping parenting communication brief, courteous and child-focused.

· The risks of sharing confidential case information with AI platforms.

Key Takeaways

· Write for the future reader.

· The pattern can matter more than one message.

· Private does not mean protected.

· Do not try to win the argument by text.

· Keep communication practical.

Chapters

00:00 - Introduction
02:09 - The Importance of Communication in Family Law
03:24 - What Not to Do: Texts and Social Media
09:37 - The Role of Emotions in Communication
11:13 - Patterns of Communication and Coercive Control
16:30 - Legal Implications of Public Communication

17:38 - Navigating Social Media in Family Law
20:28 - The Impact of Digital Footprints on Relationships
23:36 - The Role of Evidence in Family Law
25:50 - Balancing Communication: Under and Over
30:20 - AI in Legal Communications and Final Thoughts

Contact (Email)

• Alex Wynn – alex.wynn@keypointlaw.com.au
• Liza Friedwald – liza.friedwald@keypointlaw.com.au

Keywords

family law Australia, text messages as evidence, social media and family law, communication after separation, parenting disputes, co-parenting communication, family law mistakes, screenshots as evidence, abusive text messages, reactive messages, social media after separation, divorce and separation podcast, Australian family lawyer

Disclaimer

This podcast provides general information only and is not legal advice. Obtain advice from a suitably qualified lawyer about your situation.