« Judges Interviewing Children during Ontario Family Court Divorce Cases
MP plans on private member’s motion to review Canada’s Divorce Act »

Facebook Privacy Issues and Ontario Family Courts

By heather - Last updated: Sunday, July 11, 2010 - Save & Share - One Comment

The social networking website called Facebook is a tool to exchange information that has now made its way into the courtroom and is being used as evidence in litigation, particularly in family law disputes. In the United States, Facebook messages are commonly used in family law cases, as well as in civil and criminal cases and jury selection; while in Canada, the use of Facebook as documentary evidence is steadily on the rise.

Facebook has recently simplified its privacy settings and a user can now set his or her Facebook settings to enable only persons the user has manually added to their “friends list” with the ability to access and view the user’s on-line profile.

Another important feature within Facebook’s account privacy settings is the user’s ability to limit the information “friends” can view on the user’s profile. For instance, a user can prevent an ex-spouse or soon to be ex-spouse from viewing photos, relationship status, or wall postings.

Facebook users should be aware of a specific privacy setting that is available for ‘Applications’. Even though some users do not have the game FarmVille, or similar Facebook games uploaded to their profile, when a user’s “friend” has installed the game on their profile that game now has the capability of pulling personal Facebook information and photos from any listed “friends” of that individual. An adjustment to the privacy settings to prevent any sharing of information with an Application is recommended.

Due to the increase in the use of Facebook as documentary evidence in several recent Ontario family law court cases, Facebook users with pending court matters should not post information pertaining to the case and should also consider adjusting their privacy settings to avoid the possibility of having personal information used against them in court. 

 

Posted in Child Custody in Ontario, Child Support, Child Visitation, Divorce, Spousal Support, Support Orders • • Top Of Page

Email This Post Email This Post

One Response to “Facebook Privacy Issues and Ontario Family Courts”

Comment from Stephen Smith
Time August 14, 2010 at 8:44 am

Hi,

During a divorce it is best that all communications on facebook, twitter and other social media sites be terminated.

One of the things you missed in your article is that “friends” can provide sworn affidavits to the materials posted on your Facebook as they have been granted access even if your ex-spouse has been blocked.

Cheers,
Stephen

Write a comment