Live Webinar: Digital Evidence in Family Law: Managing Social Media and Professional Risk

Social media posts, comments, and private messages are increasingly tendered as evidence in family law proceedings, yet many clients remain unaware of how their online behaviour may undermine credibility, contradict claims, or demonstrate poor judgment in parenting and financial disputes. In this session, attendees will gain an understanding of the evidentiary and strategic issues arising from social media in family law matters, including:

• The admissibility of social media content as evidence in parenting and property proceedings and the court's approach to evaluating online behaviour
• Types of social media content that commonly damage cases including posts contradicting financial hardship claims, evidence of substance use, and disparagement of the other party
• The judicial approach to social media evidence in parenting disputes and how courts assess posts when determining parental capacity and child-focused decision-making
• Spoliation concerns and the risks of deleting posts including adverse inferences, preservation obligations, and potential contempt issues
• Subpoenas to social media platforms for past activity and the ability to recover deleted content through screenshots or third-party retention
• Best practice client advice on social media conduct during proceedings including privacy settings, tagging children, and the concept that private settings do not guarantee confidentiality
• Professional responsibility considerations when clients have already posted problematic content or when opposing parties tender social media evidence