Last updated on March 7th, 2017 at 11:12 am

Facebook evidence played a very big part in being able to help this man.

Odds stacked against father

In some ways, the odds were stacked against him, as mother had the advantage of ‘the status quo’ (the existing routine), which meant that father had to persuade the court the disruption of change was in the child’s best interests.  The child also had a half-sibling who lived with mum, so the proposed move would separate the two children from each other, something the courts are not quick to do.  But in this case, Graysons were able to assist the father in compiling the necessary evidence to demonstrate that the benefits to the child of staying with mum and half-sibling were overridden by the risks of harm.

Facebook evidence shows mother hiding information

Contrary to the mother’s claims in court and to social workers, significant and crucial evidence was obtained from her Facebook account which clearly established beyond reasonable doubt that she had reconciled her relationship with a violent ex-boyfriend, a fact she was hiding from social services.   Surveillance of her home demonstrated that the said boyfriend had his own key to her property and was coming and going at will.  School attendance records tied in with more Facebook entries to show that mum had failed to get her child to school on days when mum had overslept.  Medical records obtained from the child’s GP showed no visits or calls to doctors on days missed from school when mum claimed the child was unwell.

Increasing use of Facebook evidence in family law cases

Bradie Pell, family law solicitor

Facebook evidence is used increasingly by lawyers as it can often reveal information key to a case, such as new relationships, new jobs, holiday plans and other changes of circumstance.  One of the team’s other recent family cases includes an opponent who claimed poverty and that she stayed at home all week like a hermit. However, her Facebook account showed that she was regularly out socialising and drinking with friends. Another case evidenced an engagement posted on Facebook when an opponent claimed in court the relationship was ‘not serious’. When people use social media, their guard is down and they happily recount daily events to their friends.  In the transfer of residence case, the mother had blocked the father from her Facebook account and therefore thought she was safe to post freely.  But the information was passed on to the father by another concerned individual who still had access to the mother’s Facebook account, so even adjusting privacy settings may not give people the protection they think they actually have.

Happy to say, the court shared dad’s concerns and transferred residence of his child to him straightaway.  The judge went on to direct that mum’s contact had to be supervised and also invited social services to investigate the arrangements in place for her other child due to same safeguarding concerns and findings made.

You can read more about disputes about children on our web pages.