Digital communication plays a huge role in modern relationships, and it can become crucial evidence when a relationship breaks down. Text messages, social media posts, screenshots, emails, location tracking data and even metadata can influence how the Federal Circuit and Family Court of Australia (FCFCOA) decides parenting and property matters.
In NSW, digital evidence is admissible if it is relevant, obtained legally and properly presented. But parties often make mistakes that damage their case, breach privacy laws or unintentionally strengthen the other side’s arguments.
Digital evidence refers to electronic information that can be used to prove or disprove a fact in a family law proceeding. Common examples include:
If the evidence helps the Court form a clearer picture of behaviour, safety concerns or financial conduct, it can be considered during the case.
Digital evidence can influence many aspects of a family law matter.
Screenshots of threatening messages, breaches of parenting plans, or alcohol/drug references can be used to:
Courts often rely on real-time communication histories to assess parental capacity and child safety.
Text messages, voice recordings and social media posts can support claims involving:
Digital footprints commonly strengthen or contradict family violence narratives.
Digital records may reveal:
Forensic digital accountants are increasingly used to trace online financial activity.
Is Social Media Evidence Admissible?
Yes — social media is regularly used in NSW family law disputes.
Posts, comments and photos can undermine claims such as:
Once published, content can often be retrieved even after deletion.
Tip: Avoid posting anything related to your separation, lifestyle, finances or new relationship. Courts commonly warn parties that social media is “not your friend” during proceedings.
Even in family law cases, parties must respect privacy and surveillance laws. The following may be inadmissible or even illegal:
In NSW, recording a private conversation without consent can breach the Surveillance Devices Act 2007. Unless it meets a narrow exception (eg to protect safety), these recordings may be rejected.
This includes:
This can amount to a criminal offence.
Placing a GPS tracker on a vehicle or using location-sharing apps without agreement is generally unlawful.
If evidence was obtained improperly, the Court may refuse to admit it.
To maximise admissibility and minimise legal risk, follow these guidelines:
Courts prefer context.
Screenshots should show:
Even minor edits can lead to credibility challenges.
Metadata can help confirm authenticity.
Make backups of the device, screenshot or message thread.
Your legal team can determine what is relevant and how to present it safely.
Technology-facilitated abuse is becoming far more common and is now recognised as a form of coercive control. Examples include:
If you suspect you are being digitally monitored, seek legal advice immediately. This type of behaviour can inform ADVO applications and parenting risk assessments.
If evidence is being destroyed, your lawyer can request:
Deleting evidence may negatively impact a party’s credibility or result in adverse findings.
Separation is a vulnerable time, and simple mistakes can expose sensitive information. To protect yourself:
If you share children, consider using approved parenting apps designed for accountability and record keeping.
Digital evidence can make or break a family law case. It’s important not to gather anything illegally or too selectively. A lawyer can help you understand what is relevant, what is allowed and how to present your evidence in a credible, persuasive way.
If you need help understanding your rights, the legal process or how digital evidence may affect your matter, speak with an experienced Family Lawyer Sydney. You can also learn more about our full legal services in Family Law.