You just got into a huge fight with your ex over when the
exchange for the kids will occur. In a fit of rage, and looking for a little commiseration,
you take to the almighty Facebook. “Some people suck. Think about your kids,
idiot.”
Admissible? Probably. Facebook is akin to standing on a
stage and yelling things at a crowd. It might be a crowd that you have invited
over, but you yelled it nonetheless. And when your ex finds out you have been
saying things on Facebook, probably from a mutual friend who took his or her side,
you will be asked about it, in court, under oath, where you have to tell “the
truth, the whole truth, and nothing but the truth.” Don’t forget, too, that the
other attorney could probably force you to release this information, and will
probably get it even if you object.
When the other attorney asks you if that post was about your
ex, what are you going to say? You cannot lie, so you are going to have to admit
this vague post was about the ex. So the vagueness was a huge waste of effort. You
are certainly better off to have never said it at all.
It gets worse. Once these posts are up, you may be
destroying evidence by taking them down. So the best solution during a custody
battle is to leave your Facebook page up, including all content thereon, but
don’t add anything, or limit the posts to positive, light-hearted, and certainly
true, information.
And it gets even worse. Even things third parties have
written about you or to you could be used in court. It is a little more
difficult to get into evidence, but it can, and has, been done. Recently, there
was a contempt hearing, where Dad had not paid a variety of expenses for his
kids that he was court-ordered to pay. He defended himself by arguing he couldn’t
afford to pay the expenses. His step-daughter’s recent Facebook posts were
admitted to show he was lying. The posts in question thanked Dad, by name, for the
recent purchase of a car for her. The judge was less than amused, and made it
clear in the Order finding Dad in contempt.
This is my food for thought: maybe, during a custody battle
or other family legal argument, you should treat your Facebook page like an acquaintance
on the street who just asked you how your day is going: pleasantries only, no
real details. Rather, if this is someone you want to give the full story, have
lunch or private message them. Don’t yell it from the stage.
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