What can parents publish on social media when separating or divorcing?

26 April 2016 | Tags:

In our ever increasing internet connected world, our specialist family lawyer provides some key advice to parents, separating or divorcing, about what they can or cannot publish on social media about their children.

Which parent can consent to post content of their children on social media? If a parent has custody of the children, this does not give them an automatic right to post pictures or information of their children on the internet. If a parent were to upload a picture of their children to a social media site, without the approval of the other parent, the non consenting parent can ask for the picture to be removed. If the picture is not removed, they have the right under Article 156 of the Civil Code to issue legal proceedings seeking removal of said photo. Equally in a strained situation between the parents, a similar procedure could be brought before a judge in order to seek permission for content to be published of the children on the internet.

When taking the matter to court, a judge will decide whether it is acceptable or not to keep or share the photo on social media. For example, if one parent wanted to upload a photo that would only be shared between close friends and family, it is likely that permission would be granted. On the contrary, if the photo was to be shared openly for anybody to access it, then it is doubtful that the parent would receive permission. One of the key points for a judge to consider would be, if it is in the interests of the children for the photo to be published or if the effect would be to over expose the children.

For more information about family law matters in Spain, contact enquiries@mylawyerinspain.com

My Lawyer in Spain

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My Lawyer in Spain

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