Social Media Evidence in Family Law: What Can Be Used and Its Probative Value

Victoria Blakeley, Patricia EASTEAL, Emma Fitch, Jessica Kennedy

Research output: Contribution to journalArticle

Abstract

Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said through, or posted to, social media, it is likely to be admissible evidence in family law proceedings, and could be used in support of an application. Through the analysis of 136 first instance judgments between 2009 and 2014 the authors identify how and when social media evidence is adduced (and for what purpose) and discuss what evidence is accepted by judicial officers and why. The analysis illustrates how existing rules of evidence are relied upon and applied in a dynamic evidentiary landscape. The authors hope that this study will assist litigants and legal practitioners to decide what types of social media evidence to rely on, and how and when to rely on it, having regard to specific rules of evidence. It is foreseeable that the use of social media evidence in family law matters will become more prevalent, hence the importance of making informed decisions about how to interpret, rely on, and make both supporting and rebuttal arguments in relation to social media evidence in family law matters.
Original languageEnglish
Pages (from-to)81-101
Number of pages21
JournalFamily Law Review
Volume5
Issue number2
Publication statusPublished - 2015

Fingerprint

family law
social media
evidence
Values
decision making
Law

Cite this

Blakeley, V., EASTEAL, P., Fitch, E., & Kennedy, J. (2015). Social Media Evidence in Family Law: What Can Be Used and Its Probative Value. Family Law Review, 5(2), 81-101.
Blakeley, Victoria ; EASTEAL, Patricia ; Fitch, Emma ; Kennedy, Jessica. / Social Media Evidence in Family Law: What Can Be Used and Its Probative Value. In: Family Law Review. 2015 ; Vol. 5, No. 2. pp. 81-101.
@article{f2982fc0c8f44cd3965c0e772c226b76,
title = "Social Media Evidence in Family Law: What Can Be Used and Its Probative Value",
abstract = "Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said through, or posted to, social media, it is likely to be admissible evidence in family law proceedings, and could be used in support of an application. Through the analysis of 136 first instance judgments between 2009 and 2014 the authors identify how and when social media evidence is adduced (and for what purpose) and discuss what evidence is accepted by judicial officers and why. The analysis illustrates how existing rules of evidence are relied upon and applied in a dynamic evidentiary landscape. The authors hope that this study will assist litigants and legal practitioners to decide what types of social media evidence to rely on, and how and when to rely on it, having regard to specific rules of evidence. It is foreseeable that the use of social media evidence in family law matters will become more prevalent, hence the importance of making informed decisions about how to interpret, rely on, and make both supporting and rebuttal arguments in relation to social media evidence in family law matters.",
keywords = "Social media evidence, Family Law",
author = "Victoria Blakeley and Patricia EASTEAL and Emma Fitch and Jessica Kennedy",
year = "2015",
language = "English",
volume = "5",
pages = "81--101",
journal = "Family Law Review",
issn = "1037-6631",
number = "2",

}

Blakeley, V, EASTEAL, P, Fitch, E & Kennedy, J 2015, 'Social Media Evidence in Family Law: What Can Be Used and Its Probative Value', Family Law Review, vol. 5, no. 2, pp. 81-101.

Social Media Evidence in Family Law: What Can Be Used and Its Probative Value. / Blakeley, Victoria; EASTEAL, Patricia; Fitch, Emma; Kennedy, Jessica.

In: Family Law Review, Vol. 5, No. 2, 2015, p. 81-101.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Social Media Evidence in Family Law: What Can Be Used and Its Probative Value

AU - Blakeley, Victoria

AU - EASTEAL, Patricia

AU - Fitch, Emma

AU - Kennedy, Jessica

PY - 2015

Y1 - 2015

N2 - Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said through, or posted to, social media, it is likely to be admissible evidence in family law proceedings, and could be used in support of an application. Through the analysis of 136 first instance judgments between 2009 and 2014 the authors identify how and when social media evidence is adduced (and for what purpose) and discuss what evidence is accepted by judicial officers and why. The analysis illustrates how existing rules of evidence are relied upon and applied in a dynamic evidentiary landscape. The authors hope that this study will assist litigants and legal practitioners to decide what types of social media evidence to rely on, and how and when to rely on it, having regard to specific rules of evidence. It is foreseeable that the use of social media evidence in family law matters will become more prevalent, hence the importance of making informed decisions about how to interpret, rely on, and make both supporting and rebuttal arguments in relation to social media evidence in family law matters.

AB - Social media is having an influence in various areas of the law, and the use of social media evidence in family law proceedings has become a regular occurrence. From the study reported in this article, it appears that if something is said through, or posted to, social media, it is likely to be admissible evidence in family law proceedings, and could be used in support of an application. Through the analysis of 136 first instance judgments between 2009 and 2014 the authors identify how and when social media evidence is adduced (and for what purpose) and discuss what evidence is accepted by judicial officers and why. The analysis illustrates how existing rules of evidence are relied upon and applied in a dynamic evidentiary landscape. The authors hope that this study will assist litigants and legal practitioners to decide what types of social media evidence to rely on, and how and when to rely on it, having regard to specific rules of evidence. It is foreseeable that the use of social media evidence in family law matters will become more prevalent, hence the importance of making informed decisions about how to interpret, rely on, and make both supporting and rebuttal arguments in relation to social media evidence in family law matters.

KW - Social media evidence

KW - Family Law

M3 - Article

VL - 5

SP - 81

EP - 101

JO - Family Law Review

JF - Family Law Review

SN - 1037-6631

IS - 2

ER -

Blakeley V, EASTEAL P, Fitch E, Kennedy J. Social Media Evidence in Family Law: What Can Be Used and Its Probative Value. Family Law Review. 2015;5(2):81-101.