Social Media and Child Custody: What Ontario Parents Need to Know

When it comes to child custody disputes in Ontario, the courts are guided by one central principle: the best interests of the child. Every decision, from parenting time to decision-making responsibility, is made with that standard in mind. What many parents don’t realize, however, is how their social media activity can play a significant role in how the court evaluates their parenting capabilities.

In today’s digital world, social media has become a window into people’s lives — and sometimes, a window into their parenting decisions. As a result, it’s increasingly common for social media content to be presented as evidence in family law cases, including those involving parenting arrangements.

How Social Media Can Affect Custody Decisions

Posts that may seem harmless or routine can be misinterpreted or taken out of context in court. In more serious situations, online behaviour can raise concerns about judgment, lifestyle, or even the ability to co-parent respectfully.

Examples of problematic content in custody cases include:

• Photos or videos that suggest risky or inappropriate behaviour around children

• Comments criticizing the other parent, especially in a public or aggressive way

• Posts that show a disregard for court orders or parenting agreements

• Evidence of substance abuse, neglect, or unsafe environments

  
  

Even if content was intended as a joke or shared privately, it can still be introduced as evidence if accessed or shared by the other party. Screenshots, tagged posts, and interactions with others can all become part of the legal record.

What the Ontario Courts Consider

Under the Children’s Law Reform Act (CLRA) and the Divorce Act (for married parents), Ontario courts assess a variety of factors to determine what arrangement is in the child’s best interest. These include the child’s emotional needs, the parent’s ability to provide a stable environment, and each parent’s willingness to support the child’s relationship with the other parent.

Social media content can be used to support or challenge these factors. For example:

• A parent posting negatively about the other may be seen as unwilling to foster a healthy co-parenting relationship.

• Content showing neglect or reckless behaviour may raise questions about parenting capacity.

• Positive posts that demonstrate active, involved parenting can help support a parent’s case, if presented appropriately.

Judges have discretion in how they weigh evidence, but inappropriate online conduct can and has influenced custody outcomes in Ontario courts.

Best Practices for Parents on Social Media

If you’re involved in a custody dispute or parenting matter, it’s important to be cautious and intentional about your online presence. Here are some general guidelines:

1. Avoid Posting About the Case: Refrain from sharing legal updates, complaints, or personal details about the dispute.

2. Don’t Criticize the Other Parent: Courts favour parents who promote a respectful, cooperative environment for the child.

3. Be Mindful of Photos and Comments: Content that appears reckless, even out of context, can raise red flags.

4. Assume Everything Can Be Used in Court: Even private messages or deleted content may resurface.

5. Focus on the Child’s Well-Being: Let your actions — online and offline — reflect your commitment to your child’s best interests.

What to Do If Social Media Is Being Used Against You

If your co-parent is collecting or sharing your social media content in a way that affects your case, speak with your family lawyer right away. Similarly, if the other parent is posting harmful or inappropriate content related to your child or your parenting, this may be relevant evidence in your case.

Your lawyer can help assess whether the material is admissible and how it may be interpreted under Ontario law. In some cases, courts may even impose communication guidelines or restrictions to prevent further harm.

Final Thoughts

Social media has become a new dimension in family law — one that can either support or undermine your position in a custody case. While it may feel like a place to vent or seek support, it’s important to remember that what you share online can have real legal consequences.

At Michael Coristine Law, we advise our clients on how to protect themselves — and their children — during parenting disputes. If you have questions about how social media may impact your case, we’re here to help you navigate the legal landscape with clarity and care.