Case underscores growing role of Facebook in family law matters

While most of us view Facebook as nothing more than a social media outlet that allows us to stay connected with family, friends and the community at large, it has actually emerged as a major factor in many divorce cases and child custody proceedings.

To illustrate, consider a recent case out of New Jersey, where a woman who lost custody of her two children was banned from writing about them and her ex-husband on her Facebook account.

According to sources, the woman originally lost custody of her kids back in 2011 and sometime thereafter tried to run away with them to Canada. She was apprehended well before making it there and, fortunately, the children were unharmed.

In the aftermath of this frightening ordeal, the woman was facing potentially serious kidnapping charges. However, the state agreed a plea deal in which the charges would be dropped in exchange for her agreeing to undergo a psychiatric evaluation and regular therapy.

This didn't end up happening, however, as the presiding judge later learned that the woman had not complied with the terms of the plea deal and was making "clearly disturbing" postings online.

Here, a subsequent psychiatric evaluation diagnosed the woman with bipolar disorder, but classified her as posing no risk to herself or others.

In light of the woman's actions, the judge ordered her to have no contact with her two kids, gave her probation for five years and, per the request of the prosecutor, ordered her not to write about her family on Facebook.

"Any blogging shall not reference the husband or the children. You can talk about what you want to talk about, but don't reference the husband or the children. That's off limits," said the judge.

As time passed, however, the woman continued to blog about her family -- using a substitute term that she openly discussed with her probation officer -- and was eventually hauled back into court to answer to criminal charges.

Shortly thereafter, she filed an appeal with the state appellate court challenging the Facebook ban on the grounds that it violated her rights under the First Amendment and was overly vague.

In a decision issued last week, however, the appellate court upheld the Facebook ban, holding that she was permitted to write about anything she wanted to except for her family, and that the ban was enacted solely to protect her children whom she had previously abducted.

While this case may represent an extreme example, it's easy to see how Facebook has now become a focal point in many family court proceedings.

Consider speaking with an experienced legal professional if you have questions concerning divorce or divorce-related matters such as child custody or property division.

Source: The Star-Ledger, "NJ woman banned from writing about family on Facebook," Tom Wright, May 18, 2014