When I grew up there was no such thing as a social media influencer. However now some children are growing up seeing this as a lucrative career path.
At multiple school careers days, I observed many pupils aspiring to become influencers. Navigating social media presents particular challenges for separated parents, especially when their views on content sharing and children’s access differ.
There are two distinct issues:
- Posting things about children on social media without the other parent’s permission.
- A child’s access to social media - rules often differ between separated parents’ households. While differing rules don’t make one approach right or wrong, disagreements can arise, similar to disputes over bedtimes or activities but in a newer technological context.
This connects to broader concerns like ‘doomscrolling’.
Parental responsibility
Parental responsibility provides rights, duties, and obligations toward children and each other as parents, giving both equal say in important decisions regarding education, religion, and health. However, the Children Act (1989) predates social media, so parental responsibility doesn’t explicitly address parents posting about children online. 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!
Nothing currently prevents either parent from posting about their child on social media.
What can you do if you cannot agree on social media access?
Mediation
Both parents can meet with an independent mediator to discuss social media use by parents and children, attempting to reach an agreement recorded in a parenting plan.
Child inclusive mediation
For older children, specially trained mediators may meet with the child during mediation to consider all parties’ perspectives and reach agreements benefiting everyone involved.
Arbitration
A dispute is submitted by agreemen of the parties t to one or more arbitrators who make a binding decision on the dispute.
Privacy of the child
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 Premier League footballer Kyle Walker and influencer Lauryn Goodman case. Lauryn had posted multiple images of her children on social media yet 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 names, in her multiple social media posts.
Court proceedings - the absolute last resort
Prohibited steps order - 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.
Specific issue 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 parent if it impacts 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.