Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m J U L Y 2 0 1 6 39 or the children of divorce, keeping in touch with an absent parent used to mean a few fairly simple things: talking on the phone, letters, cards, and photographs sent by mail. Now, social media has opened up a treasure trove of new ways for these kids to communicate with absent parents. But at the same time, tools like texting, Skype, Facebook, Snapchat, and Instagram have created something that divorcing parents don't need — new things to fight about. More and more judges hearing fam- ily matters are wrestling with the rage of parents frustrated by the social media disconnection. Issues range from the pedestrian — scheduling Skype calls at dinnertime — to disheartening situa- tions, such as young children repeatedly balking at forced digital "visits" with parents they rarely see. And as with so many areas of matrimonial law, the families where conflict is already high are having the most trouble with these new tools. Along with the issues, of course, there can be many benefits. Nicholas Bala, a professor of family law at Queen's Uni- versity, notes that kids who don't like the phone may open up on Skype or prefer the visual aspects of Facebook. That said, the potential for trouble is real. Texting non-stop with an absent parent can undermine the custodial par- ent's efforts to maintain a routine. And kids themselves can use social media to manipulate warring parents by, for instance, diving into digital distractions like video games with an absent parent instead of waiting until a visit. "It can spiral into conflict between mom and dad," says Bala. Perhaps it's not surprising that, with social media already being used by war- ring parents as a weapon in disputes over support, custody, and access, it is now being wielded to inflict more pain, post-separation. The result in a recent contempt motion heard by the Ontario Superior Court illustrates the issue. In Becker v. McGrath, a May 2016 ruling by Justice Kenneth Hood, the parents were in court to deal with continuing issues relating to access to their nine-year-old daughter. Following a consent agreement in British Columbia in 2011, the par- ents agreed that the daughter's primary residence would be with the mother. The L E G A L R E P O RT \ FA M I LY L AW MATTHEW BILLINGTON Grappling with social media Modern family law matters are becoming even more complicated with the need to deal with Skype, Facebook, and other online services. By Patricia Chisholm F

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