Jan 25
At the risk of sounding like a fossil, when I grew up there was no such thing as a social media influencer. However now some children are growing up seeing this a lucrative career path.
Having helped at multiple school careers days, I was surprised how many pupils were hoping to become influencers.
Navigating social media as a parent can be a minefield at the best of times and this can become a particular point of contention for separated parents. This being especially the case when parents views on the use of social media differ. When parents live together it is easier for an agreement to be reached on what can be shared online regarding their children or what access a child can have to social media. However, after separation, previous agreements can erode as parenting styles and views change.
Two distinct issues can arise:
This can also be a wider issue including the issue of ‘doomscrolling’ identified by Labour MP Josh MacAlister who has introduced the Safer Phones Bill in an attempt to protect young teens from addictive social media algorithms.
Parental responsibility does not explicitly address this issue. Parental responsibility provide a set of rights, duties and obligations towards their child but also towards each other as parents. This gives both parents equal say in relation to the important decisions regarding their child’s life such as education, religion and health.
However, the issue of a parent posting content on social media about their child is not explicitly covered by parental responsibility. This is not because the law is blind to it but given that parental responsibility is defined in the Children Act which came into force in 1989 social media didn’t exist then! Hard to believe but those of us born before the 4 September 1998 are not only older than social media but also older than Google, now I feel like a fossil, but I digress!
This means there is nothing to prevent either parent from posting about their child on social media.
Both parents can meet with an independent mediator to discuss the issue of both the parents and the child’s social media use in an attempt to reach an agreement that can be recorded in a parenting plan.
For older children, in some cases, it may be appropriate for the child’s voice to also be heard and specially trained mediators can also meet with a child during the mediation process in order to consider all parties’ points of view in an attempt to reach an agreement that works for all involved.
Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.
Article 8 of the European Convention on Human Rights provides for an individual’s right to respect private and family life.
Capturing and sharing photographs and videos without consent may infringe upon the child’s Article 8 right to privacy. In determining this, factors such as the nature of the activity, the location i.e. in a private place, the absence of consent, and its impact on the individual as considered.
This was an issue addressed in the recent case of Premier League footballer Kyle Walker and influencer Lauryn Goodman. Lauryn had posted multiple images of her children on social media yet she argued that to make the details of her legal case public would breach her children’s privacy. However, the Judge’s view was that Lauryn had already made public personal details of her children, including their names, in her multiple social media posts.
Parents with parental responsibility have the right to make an application to court if there is a disagreement regarding their children. Therefore, if a parent does not want information being posted on social media about their child and they want to stop the other parent from doing so, they can make an application to court for a prohibited steps order.
An application can be made for the court to rule on a specific issue and this can include limiting access to social media for a child or a parent if this will impact upon a child’s wellbeing.
It is however likely the court will be reluctant to interfere in one parent’s social media posts unless is evident that this is not in the child’s best interest and is potentially harmful. This is however, a high threshold which means the likelihood of success is low without such evidence.
It can be challenging for separated parents to decide on issues such as social media use at the start of their separation and in fact it may be something that only raises its head a number of months or years post separation. Keeping the child’s best interests in mind at all times and taking specialist advice early will help navigate this new digital minefield.
Joanna Lofthouse is a specialist in family law and is based at Raworths in Harrogate, North Yorkshire. The family law team at Raworths is ranked in by Chambers UK and Legal 500, independently reviewed guides to the legal professional. Joanna can be contacted by email at jo.lofthouse@raworths.co.uk
Published on 30 January 2025
The information and any commentary contained in this briefing is for general information purposes only and does not constitute legal or any other type of professional advice.
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