Social networking and texting during a divorce are a "minefield," according to a lawyer
With lives shifting online, digital records have become crucial evidence, especially in Ontario courts, where the volume of such material has led to limitations on how much can be presented.
In today's digital age, family and divorce cases increasingly hinge on the content of text messages, social media posts, and other online communications.
According to Toronto divorce lawyer Sarah Boulby, many clients are either shocked by the prospect of their private messages being used in court or come prepared with reams of evidence that they believe demonstrates their ex-partner's wrongdoing.
With lives shifting online, digital records have become crucial evidence, especially in Ontario courts, where the volume of such material has led to limitations on how much can be presented.
Boulby warns that digital evidence has made cases less about "he said, she said" and more about concrete proof.
Family lawyer Stephanie Di Federico stresses that many people are unprepared for the implications of their online communications.
Emotions often run high, and impulsive texts or posts sent during heated moments can resurface, shaping key aspects of a case.
For example, social media photos contradicting claims of low income in child support cases or messages suggesting substance abuse can dramatically alter a case's outcome.
Laura Paris, a family law associate, notes that even the tone of digital messages can impact a case, especially when assessing a parent's ability to co-parent.
The way parents communicate post-separation often becomes central to the court's decisions on parenting time and decision-making authority.
While recent messages often play the most significant role, older communications can still be relevant, particularly when it comes to financial matters or involvement in a child's life.
However, Ontario courts have imposed restrictions to limit "voluminous texts" and focus only on relevant excerpts to streamline the legal process and avoid excessive delays or costs.
Paris has observed a rise in the use of digital evidence, largely due to technological advancements and the fact that Gen X and Millennials—who are more digitally connected—are now at the stage of life where separations and custody disputes are common.
She advises people going through a separation to be cautious in their online communications and, if possible, to stay off social media entirely.
