What are the legal implications of digital abuse in family law in the UK?

Introduction

In an increasingly digital world, the nature of domestic abuse has evolved. While physical and emotional abuse remain prevalent, digital abuse—the use of technology to harass, control, or intimidate—has emerged as a significant concern in UK family law. From spyware and GPS tracking to online harassment and coercive control via messaging apps, digital abuse is now recognised as a serious form of domestic violence with profound legal implications.

This article explores how UK family law addresses digital abuse, the protections available to victims, and the challenges courts face in adapting to this new frontier.

What Is Digital Abuse?

Digital abuse refers to the use of technology to exert power and control over another person. It can include:

• Online harassment (e.g., threatening messages, cyberstalking)
• Revenge porn (sharing intimate images without consent)
• Doxxing (publishing private information online)
• Monitoring or surveillance (e.g., spyware, GPS tracking)
• Controlling digital behaviour (e.g., restricting access to devices or social media)

In family law, digital abuse often occurs within intimate relationships or during separation and co-parenting arrangements. It can be subtle, persistent, and deeply invasive.

Legal Recognition of Digital Abuse – Domestic Abuse Act 2021

The Domestic Abuse Act 2021 was a landmark piece of legislation that broadened the definition of domestic abuse to include coercive and controlling behaviour, which can be digital in nature. This includes:

• Monitoring a partner’s online activity
• Restricting access to devices or social media
• Using technology to isolate or intimidate

While the Act does not explicitly mention digital abuse, its provisions are broad enough to encompass it. Courts now routinely consider digital behaviours when assessing abuse claims

Protection Orders and Digital Restrictions under the Family Law Act 1996

Victims of digital abuse can apply for protective orders, such as:

1. Non-Molestation Orders

These can prohibit an abuser from contacting the victim via any means—including text, email, or social media.

2. Occupation Orders

These may exclude the abuser from the family home, even if they attempt to monitor the victim digitally from outside.

3. Tech-Specific Restrictions

Increasingly, courts are including digital clauses in protection orders, such as:

• Banning contact via social media or messaging apps or posting anything about the victim on social media
• Prohibiting the use of GPS tracking or spyware
• Preventing impersonation or fake accounts

These tailored orders reflect the growing understanding that abuse can occur through digital channels just as much as physical ones.

Children and Co-Parenting in the Digital Age

Digital abuse can also affect children, especially in contentious co-parenting situations. Common issues include:

• Monitoring children’s devices without consent
• Posting children on social media against the other parent’s wishes
• Using technology to alienate or manipulate children

Family courts now consider these behaviours when making decisions about child arrangements, especially where safeguarding concerns are raised.

Evidence and Challenges in Court

Digital Evidence

Texts, emails, screenshots, and metadata are increasingly used as evidence of abuse. However, this raises several challenges:

• Authenticity: Can the evidence be verified?
• Privacy: Was it obtained lawfully?
• Admissibility: Is it relevant and reliable?
• Ethical Collection: Were any laws broken in gathering it?

More troubling still is the rise of deepfake technology—AI-generated media that can mimic voices and faces with uncanny accuracy. In family law, this has led to cases where individuals are falsely portrayed as abusive, negligent, or financially dishonest

In May 2025 the Family Justice Council produced their report ‘COVERT RECORDINGS IN FAMILY LAW PROCEEDINGS CONCERNING CHILDREN’:

Case Management of Covert Recordings – The Key Points are –

 Admissibility

• Covert recordings may be admissible as hearsay evidence under the Family Procedure Rules (FPR).
• FPR 22.1(2) allows the court to exclude evidence even if technically admissible.
• If involving a child, consider whether the recording constitutes an assessment or examination under Children and Families Act 2014, s.13(3).

 Preliminary Issues and Directions

• Form C2 Application: May be required to determine admissibility.
• Disclosure:
  • Method of sharing recordings with other parties.
  • Need for transcripts.
• Scope & Origin:
  • Circumstances of the recordings.
  • Identification of relevant recordings.
• Authenticity:
  • If disputed, may require expert evidence.
• Probative Value:
  • Relevance to issues in dispute.
  • May require testimony from recorded individuals.
• Welfare Considerations:
  • Impact on parties, especially children, of being recorded.
• Costs:
  • Consideration of costs and potential costs sanctions.

Probative Value and Relevance

• Court must be satisfied that the content is relevant to the issues.
• The act of recording may reflect on the recorder’s conduct and affect relationships.
• Even if authentic, interpretation and weight may require evidence from subjects of the recording.

Additional Considerations for Recordings Involving Children

• Impact on parties’ ability to promote welfare.
• Potential need for child representation.
• Whether and how the child is informed.
• Whether the child must give evidence.

Further Implications

• Satellite litigation over recordings can be costly.
• Covert recordings may be seen as intimidation, possibly justifying injunctive relief.
• Improper questioning of children may compromise evidence reliability.
• Online publication of recordings may be unlawful and harmful, possibly requiring injunctions.

Courts must balance the need to protect victims with the rights of all parties. Judges are encouraged to scrutinise digital evidence carefully and ensure it meets legal standards

Financial Remedy cases

There is an increased risk that a minority of individuals resort to digital abuse—using technology to deceive, intimidate, or gain unfair advantage in legal proceedings.

Digital abuse in this context often involves the creation or alteration of documents, emails, bank statements, and even audio or video recordings. These falsified materials are then presented as evidence in court, potentially swaying decisions on asset division, spousal maintenance, or disguising the real owner of assets.

Recent developments in technology have made it easier to fabricate convincing evidence. Tools like Photoshop and advanced editing software can alter documents with precision.

Judicial Training and Policy Gaps

Despite progress, many legal professionals still lack tech literacy. This can lead to inconsistent rulings or missed opportunities to protect victims. There are growing calls for:

• Specialised training for judges and lawyers
• Updated protocols for handling digital abuse
• Clearer guidance on tech-related evidence and safeguarding

The judiciary is responding, with initiatives aimed at improving understanding of digital abuse and its impact on family law proceedings.

Remote Hearings and Digital Exclusion

The rise of remote hearings—accelerated by the COVID-19 pandemic—has transformed family courts. While convenient, they also pose risks:

• Victims may struggle to access private spaces for hearings
• Abusers may exploit technology to intimidate or monitor proceedings
• Litigants in person may lack the digital skills or resources to participate fully

Courts are working to address these issues through:

• Digital support units in court buildings
• Pre-hearing guidance for unrepresented parties
• Judicial discretion to revert to in-person hearings where necessary

Building a Digital Safety Plan

Victims of digital abuse are encouraged to create digital safety plans, which may include:

• Changing passwords and securing devices
• Limiting social media exposure
• Preserving evidence (e.g., screenshots, messages)
• Using privacy settings and blocking tools
• Seeking legal advice on protective orders

Legal professionals can help clients navigate these steps and ensure their safety both online and offline.

The Role of Family Lawyers and Mediators

Family lawyers and mediators play a crucial role in identifying and addressing digital abuse. Their responsibilities include:

• Screening for abuse during initial consultations
• Advising on protective orders and legal remedies
• Supporting evidence collection and presentation
• Facilitating safe communication in co-parenting arrangements

Collaborative approaches, such as mediation with safeguards, can help resolve disputes while prioritising safety and dignity.

Looking Ahead: Reform and Innovation

As digital abuse becomes more prevalent, UK family law must continue to evolve. Key areas for reform include:

• Explicit recognition of digital abuse in legislation
• Standardised protocols for tech-related evidence
• Greater investment in digital literacy for legal professionals
• Enhanced support for victims, including tech safety resources

Technology is not inherently harmful—but when misused, it can become a powerful tool of control. The legal system must rise to the challenge and ensure justice is accessible, fair, and responsive to the realities of modern life.

Conclusion

Digital abuse is a growing concern in UK family law, affecting victims, children, and the integrity of legal proceedings. While progress has been made, more work is needed to ensure that the law keeps pace with technology. By recognising digital abuse as a serious form of domestic violence, providing tailored protections, and improving tech literacy across the legal system, we can better safeguard families in the digital age.

If you or someone you know is experiencing digital abuse, seek legal advice and support. Help is available—and the law is evolving to protect you.