Family law: social media as evidence in court

Family law is changing as we are beginning to see proceedings using social media as evidence in court. In 2025, platforms like TikTok, Instagram and Facebook are no longer just for sharing life updates or photos. They are a way for divorcing couples or co-parents to share posts, videos or images detailing conversations or situations involving their ex-partner. This online content is now being used as evidence by family lawyers in these cases.

Bradley Kaine, Family Executive in Coodes’ Family team, explains what happens when a TikTok goes from trend to testimony.

Social media as evidence in court

It is understandable that in a situation where tensions are high that making a quick comment on social media may bring momentary relief or garner support. However, that one quick comment can be all it takes to quickly unravel a case. Screenshots or screen recordings of posts, even private posts, or text conversations, can all be easily sourced by family or family friends involved with the individuals.

Family lawyers are now routinely using social media posts as evidence in divorce proceedings, child custody disputes, allegations of abuse or parental alienation and even financial investigations and asset disclosure.

For example, a TikTok video accusing a co-parent of being a “danger to the kids” without any proof, could be seen as parental alienation and damage the poster’s credibility. Alternatively, an Instagram post showing off a new luxury car while claiming financial hardship in court risks undermining the position of the person putting up the post, or at worst could be potential evidence of dishonesty.

How family courts view social media

Courts are primarily focused on a child’s best interests rather than events unfolding on social media. However, posts that show aggression or harassment, inappropriate behaviour around children, breach of a court order or attempts to sway public opinion are liable to directly influence a Judge’s decision.

Even if your child isn’t on social media, judges consider the long-term impact of public posts. What feels like “just venting” could be seen as emotional harm or public shaming.

The rise of ‘Trial by TikTok’

Over the last couple of years, viral videos referred to as ‘story times’, have become increasingly popular. The ultimate goal of these videos is to come up with a dramatic or enticing title to garner lots of views. Videos with titles like ‘Why I lost custody’ or ‘My ex lied about…’ are just two examples.

Whilst some can raise awareness or are just purely being shared for ‘entertainment value’, others create a parallel court of public opinion. This can undermine the legal process, stir up hostility or harassment and influence ongoing proceedings.

It’s important to remember that proceedings concerning children are confidential and posting about them online can leave you in contempt of court and can damage your credibility. The court can specifically grant a non-molestation order prohibiting posting online about the other parent.

Social media etiquette for family law cases

Protecting yourself from your social media being used as evidence in court is as easy as understanding how to conduct yourself online. Whilst this seems obvious, it can be easier said than done in the heat of the moment. The following can serve as a reminder before you hit that ‘send’ button:

• Think before you post – If you wouldn’t want a judge or your child to see it, then don’t share it.
• Lock down your privacy settings – Remember, nothing online is truly private.
• Don’t discuss your case online – Even vague references can be damaging.
• Avoid retaliation – If your ex-partner, a family member or family friend posts something inflammatory online, speak to your solicitor and not your followers.
• Document, don’t escalate – Take screenshots or screen recordings of anything inflammatory you see about yourself online, leave your legal team to handle it and scroll away.

Advice on social media and family law

If you are concerned about how social media evidence could affect your family law case, Coodes’ Family team are here to help.

Our experienced team understands the digital landscape and that these circumstances can be complex and emotionally charged. We understand the desire to protect our loved ones, however, the immediacy and lasting qualities of online posts aren’t worth the risk.

Let our team guide you through every step from evidence gathering to court representation. Get in touch with Bradley Kaine by calling 01736 352230 or email bradley.kaine@coodes.co.uk.

Alternatively, you can fill in our online contact form to be redirected to an appropriate member of the team.