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In an age where almost every moment is shared online, many separated parents face a difficult question: can I prevent my ex, or their new partner, from posting photos of our children on social media?
If you’ve asked for those photos to be removed and been ignored, you are far from alone. This article explains the legal position and what practical steps you can take.
Children in the UK have strong legal protections when it comes to their privacy. In fact, the courts recognise that children often have a greater expectation of privacy than adults, particularly when the images relate to family life.
A key case in this area is Weller v Associated Newspapers Ltd [2015] EWCA Civ 1176, where the Court of Appeal confirmed that:
This case makes clear that children’s privacy rights are distinct from those of adults, even when the photos were taken in public. What matters is the impact on the child and the family context.
The courts must balance two important rights:
When children are involved, the courts consistently give greater weight to Article 8. A child’s welfare and privacy generally outweigh an adult’s desire to share content online.
While not every photo requires formal written consent, it is widely accepted, both legally and in best practice guidance, that parents or guardians should give permission before images of a child are published, particularly on public social media accounts.
If one parent objects, that objection carries legal significance. Continuing to post images despite clear opposition can strengthen a parent’s argument that the child’s privacy rights are being infringed.
If you have clearly asked for images to be taken down and the other parent (or their partner) has refused, there may be grounds to take legal action. Potential remedies include:
1. A Claim for Misuse of Private Information
Following the principles in Weller, you may be able to argue that posting the photos is a breach of your child’s reasonable expectation of privacy.
2. An Injunction
In some cases, the court can order a person to:
These applications fall within the family court’s welfare jurisdiction, and the court’s primary focus will always be what is in the best interests of the child.
Although legal remedies are available, it is important to be aware of the potential downsides:
For many families, it is much better to try to deal with the issue by speaking with the other parent directly and sharing your concerns or even attending mediation to resolve the matter. Court proceedings should be a last resort.
You cannot always stop your ex-partner from posting photos of your children simply because you prefer they did not, but the law does offer strong protection for children’s privacy. If posting the images goes against a child’s best interests, breaches their reasonable expectation of privacy, and continues after you have clearly refused consent, you may have legal grounds to act.
Every situation is different, and the correct approach will depend on the nature of the images, how widely they are shared, and the impact on your child.
For further information and advice on this issue, and other family law issues, please contact us for a free initial consultation.
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