Social media has become the latest weapon in divorce battlegrounds. Scorned spouses share photos, videos, or inappropriate and confidential information on social media channels, like Facebook and TikTok, to air grievances about a spouse, gain leverage in a divorce proceeding, or simply to inflict embarrassment or hurt.

Inevitably, such public vitriol works its way back to litigants' children, who either view it on their own social media feeds or learn about it from their friends or classmates. It's especially concerning when posts include information about the divorcing couple's children, such as their names, images, and likeness. Those posts potentially breach a child's trust, privacy and safety, and can cause detriment to his or her wellbeing.

While litigants often cloak their use of social media in the protections of the First Amendment, free speech isn't unlimited. It's important to make a distinction around disparaging or hateful social media posts made during a divorce that are likely to harm vulnerable children, and, regrettably, the Legislature and court administration have failed to enact prophylactic measures to protect them. Furthermore, the New York courts have been slow and largely ineffective in responding to specific instances of such social media abuse.