I've posted in the past about Facebook postings that users have presumably thought were private, but have wound up as fodder in litigation. Here's another one.

V. (W.R.) v. V. (S.L.), 2007 NSSC 251, is an application to vary a custody order with respect to the fourteen year old daughter of the parties. Initially, S.V., the father, was granted custody as the mother, W.V., was in addiction treatment. Some years later, the mother apparently is doing better and the daughter wishes to live with the mother.

During a follow-up hearing, the father produced photos posted by the daughter on Facebook as evidence of the mother's parenting deficiencies. This didn't seem to be of consequence for Justice MacAdam in his decision, but it is a further example of the collateral use of materials posted on social networking sites.

Here's the relevant paragraph:

W.R.V. (Petitioner / Respondent) v. S.L.V. (Respondent / Applicant)

Nova Scotia Supreme Court

A.D. MacAdam J.

Heard: May 2 - August 8, 2007

Judgment: August 28, 2007

Docket: SBW 1203-001812

...

31 Following the initial hearing, S.V. applied to reopen the presentation of evidence. For the subsequent hearing, he provided affidavits and at the hearing testified to a concern about S.V.'s parenting skills as a result of J.V. posting photographs of herself on a website known as "Facebook". He viewed S.V.'s handling of this as inadequate. He also deposed and testified to his lack of contact with his daughter since the initial hearing. S.V. responded that she spoke to J.V. about the Facebook postings and some of the photographs had been removed. She also confirmed the lack of contact by J.V. with her father, other than seeing and speaking to him a few times since the hearing. She says she has encouraged J.V. to speak to her father, but she does not wish to do so until this matter is concluded. S.V. says J.V. is upset that the legal proceedings have dragged on....

Labels: facebook, litigation, privacy, social networking