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LJN NewslettersNewsSectionsThe Matrimonial Strategist

Facebook Passwords and Child Custody

BY Lynne Z. Gold-Bikin
June 27, 2012

It is hard to remember a world before social media. Today it seems everyone is on Facebook, Twitter, LinkedIn or whatever website promises the most exposure to the largest number of friends, followers or connections. A problem arises, however, when social media meets the courtroom: What, if any, privacy can a user of social media expect? This is a question that Stephen and Courtney Gallion are undoubtedly asking themselves now.

Passwords in the Courtroom

In Gallion v. Gallion, FA114116955S, Conn. Super.Ct., Sept. 30, 2011, a Connecticut judge ordered the Gallions, who were in the middle of a divorce and a battle for primary custody of their children, to exchange passwords to their Facebook accounts and dating websites. The unusual move was prompted by statements made by Ms. Gallion on Facebook, wherein she apparently called into question her own ability to care for her children. She gave her Facebook password to her husband's attorney during a deposition, but then immediately texted a friend to delete some messages and change her password.

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