Great Aunt gets custody after parents Facebook posts show they are unfit : Gorman & Gorman and Anor [2017]:CHILDREN - Best interests
Gorman & Gorman and Anor [2017] FamCA 257 (7 April 2017)
Can your Facebook posts be used against you as evidence in the Family Court?
YES IT CAN!
ANYTHING you say or post on social media whether intentional, implied, and mistaken, including emails can and will be used as evidence in Court.
In this particular case, the child currently lives with his great aunt, the applicant, who is the aunt of the father. The child has resided with her for a year, the parents struggle with substance abuse, mental health and family violence. The child has a half-sister, who is also not residing with the parents. Both of the child’s parents have been in and out of jail while the proceedings were on foot. Both parents did not appear at the trial. The great aunt is seeking sole custody of the child; several Facebook posts were used as evidence to support the great aunts application. The Facebook posts revealed the mother had relapsed with her drug issues and needs to go back to rehabilitation, she also exhibits what appears to be on and off relationships in the Facebook posts with both fathers of the children who pose an unacceptable risk to the child. The ICL and Family Consultant both supported the great aunts application.
FACTS SUMMARY:
- Application by a non-parent
- Young child.
- Where the parents do not participate in the final hearing.
- Where the parents present an unacceptable risk to the child.
- The ICL and Family Consultant support the application.
ISSUE:
Do the parents pose an unacceptable risk to the child?
Is it in the child’s best interest for the Great Aunt to have sole custody?
HELD:
It was ordered for the great aunt to have sole parental responsibility for the child and to live with the great aunt.
It was determined in accordance with s 60CC that both parents are not in the position to exercise parental responsibility or have capacity to care for the child. Both parents currently present an unacceptable risk of harm to the child. At present the child cannot benefit from a relationship with either parent.
The great aunt demonstrated that she could provide the child safety and nurture. She has taken on the responsibility for the child and he is developing very well in her care, it is in the child’s best interest to remain with the great aunt.