Social Networking Sites as Evidence in Family Law Cases
Lee Rosen asks “”Can your Facebook, Twitter, and email communications be used against you in a divorce?” on a new web video posted and reviewed at Technolawyer. Suddenly due diligence for family lawyers requires a high degree of technological literacy.
In custody cases, we definitely want to take a look at what teens are posting on their Facebook walls, Twittering to their friends, or sharing on MySpace and Friendster. In fact, checking out such sites is probably going to become part of the due diligence we expect from minors’ counsel and custody evaluators. What Mom and Dad are publishing on line could be valuable evidence too.
By the way, Technolawyer’s review of the video quotes ACFLS member (and proud new mom)
Kelly Chang Rickert Certified Family Law Specialist and online video producer Kelly Chang Rickert says: “Toooooooo Longggggggg! And to add insult to injury, he shamelessly reads from the teleprompter! The information he is providing is actually quite helpful. However, I can’t seem to get beyond the dullness of it all. I find myself zoning after 10 seconds. Remember the saying is, “Lights, Camera, Action!” Well, at least Rosen has mastered the first two.”
This has come up more and more as I speak to other attorneys. One colleague told me he had been able to refute a mother’s testimony regarding not inappropriately involving her daughter in divorce issues by the child’s posts on Facebook. And imagine submitting to a vocational evaluation and then Twittering to your friends as this young woman did! http://www.sofranko.com/journal/2009/3/18/cisco-fatty-and-a-case-study-for-twitter-search.html
I agree that people should be careful about what information they put up on a social networking site - but it seems that the vast majority of users of these sites, and definately NOT just younger generations, have little appreciation of the right of privacy or even much concern about waiving it. I remember the history and struggle to assert that privacy rights exist! Courts are starting to address the issue of claims arising from what many might consider misuse of such sites by posting information otherwise private, defamatory, damaging or devious. It seems the old “caveat emptor” rules might hold sway over such claims. For the present, I have taken a more cautious view and carefully adjusted privacy settings on all such sites to limit access to ONLY those persons specifically permitted by me. Some would say I have severely restricted my ability to use the sites, and I say that does not bother me much. After all, the main reason I do create a page on some sites is just to avoid the multiple pesky invitations to do so that trail me everywhere until I submit! So far, not much tweeting happening here…!