29/04/2026
Screenshots of text messages, WhatsApp messages, or social media posts are routinely appearing now in affidavits. This reflects the increasing role that digital communication plays in modern relationships and disputes.
The key issue is context. A single screenshot of an abusive text from your ex-partner is not going to prove anything. Instead, provide the entire conversation as well as additional evidence such as alerts from your bank, or emails you have received. Without proper context, even serious messages can be misunderstood or given little evidentiary weight.
Social media evidence that could be provided to a court include:
- Derogatory comments or posts made about or to your ex;
- Sharing private and personal information about a family law matter online;
- Screenshots of private messages exchanged through Instagram messages, Facebook Messenger and WhatsApp;
- Photos of holidays, new expensive assets or other images;
- Posts and photos about excessive alcohol consumption, drug use or other criminal activity;
- Sharing or posting explicit images.
The judge will decide how much weight to give a particular piece of evidence, so not all social media evidence will be treated equally. Relevance, authenticity, and fairness will all influence whether the evidence assists or undermines your case.
This is a complex area of family law, and you need an expert to guide you through this process. Here at Michael Lynch Family Lawyers, we are experienced in every aspect of family law, and we are up to date with issues including social media use, coercive control, and surveillance and privacy.
To make an appointment with one of our expert solicitors, contact our office today on: (07) 3221 4300 or email: [email protected]
Taking timely legal advice can make a significant difference to the outcome of your matter.
https://www.michaellynchfamilylawyers.com.au/social-media-surveillance-and-privacy-what-is-admissible-evidence-in-my-family-law-case/
Queenslanders are increasingly spending time on social media, updating our friends and followers with every detail of our lives. When it comes to a relationship breakdown, or divorce, it’s important to remember to be very careful about what you say or post online. Anything you post on social media...