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Social Networking Abuse and Its Impact on Contemporary Family Law Practice
Technology is a life-saver. It helps to keep our children safe and connected with us. But technology used in the context of separation and divorce is not always of the facilitating variety. To the contrary, family court judges and lawyers frequently observe how that same technology is used as a weapon ' either to gain an advantage in litigation or to intimidate or harass an opponent. Examples: An estranged spouse sends a text using capital letters or exclamation marks, demanding the return of a child's article of clothing. A parent makes a snarky comment on Facebook about her ex's new “significant other.” A custody litigant unwisely cuts and pastes parts of an unflattering psychologist's evaluation on the Web. A YouTube video is made flaunting a child's happiness in the presence of a new boyfriend or girlfriend, just to spur an ex's jealousy.
The Lacy Case
Call it the dark side of technology, but with spyware and GPS used more for the purpose of gathering evidence in a divorce or custody dispute than to safeguard a child's physical well-being, it is no wonder that family courts are now more than ever entering special relief and injunctive orders regarding a parent's use of social media. On March 25, 2013, the Court of Appeals of Georgia affirmed the entry of such an order in a fact pattern that is all too common today. In Lacy v. Lacy, 2013 WL 1189289 (Ga. App. 2013), a family court judge “restrained and enjoined [the parties] from posting matters about each other or their current litigation on Facebook or other social networking sites.” Both parents made disparaging and derogatory comments about the other on Facebook. Moreover, the father was accused of telling the children that if he had to pay child support, he would have to sell all of his belongings and move out of the state to get a job, and that as a result, he would not be able to exercise visitation.
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