Most Custody Orders contain a provision in which the parties are prohibited from speaking poorly about each other in front of the children. This provision is called a non-disparagement provision. It is based on the policy that parents bashing each other in such a way as their children hear or learn about it is not in the children’s best interest.
So what happens if you post negative comments about your ex-spouse or partner on social media, especially if the children are of an age where they can find it? The practice has primarily been to file a Petition for Contempt and ask that the post be taken down.
But a recent Massachusetts case has found that preventing someone from speaking negatively is an infringement on free speech and unconstitutional.
Beware, however, as the Court noted that bashing the other parent on social media is not in a child’s best interest and will be considered when making a custody determination.