The Government’s proposed ban on social media use by under-16s could have significant implications for separated families and children proceedings, according to the family law team at HCR Law.
The proposals, which are intended to protect children from harmful online content and excessive social media use, could add a new dimension to disputes between separated parents over how children access smartphones, social media platforms and online content.
The team reports that disagreements about digital access are already becoming increasingly common. However, if restrictions on social media use for under-16s become law, courts may be more likely to view such disputes through the lens of child welfare rather than simply differing parenting styles.
Andrew Morris, family law partner at HCR Law said:
“Many separated parents already disagree about issues such as screen time, smartphones and access to social media. What is changing is the wider public and political conversation around children’s online safety.
“If the law moves towards restricting social media access for under-16s, parents who allow unrestricted access may find their decisions coming under greater scrutiny if disputes reach the family courts.
“This does not mean that a child watching YouTube or using a social media app will suddenly affect where they live or how much time they spend with a parent. Family courts take a proportionate approach. However, where there are genuine concerns about a child’s welfare, wellbeing or exposure to harmful content, digital supervision may become an increasingly relevant consideration.”
The issue extends beyond social media platforms themselves – the HCR team believe that the proposals are likely to reignite debate around when children should be given smartphones and what parental controls should be in place.
Andrew added:
“Children are often given phones to help them stay in contact with both parents following a separation. However, a smartphone is much more than a telephone. It can provide unrestricted access to social media, messaging platforms and online content.
“As concerns about online safety continue to grow, separated parents may need to have much clearer conversations about the rules and boundaries that apply in both households.”
