When separated parents disagree over whether to share their child's photos on social media, neither parent automatically has the final say. If they cannot agree, the matter may ultimately be decided by a court, which will rule based on the child's best interests.
Growing Trend of Keeping Children Off Social Media
More parents are choosing not to post their children's faces online, citing concerns over privacy, safety, the risk of images being misused for AI-generated deepfakes, and respect for the child's future consent and digital footprint. Celebrities including Adele, Mila Kunis and Ashton Kutcher, and Emily Blunt and John Krasinski have made this choice.
This can create conflict between parents, especially during a separation or divorce, when co-parenting decisions become harder. Disagreements over holidays, phones, discipline, and social media can arise.
Legal Options Under the Children Act 1989
Teresa Davidson, Partner & Head of Family at Winston Solicitors, explained that there is no automatic answer where one parent's view overrides the other's. If parents cannot agree, one can apply to court for a decision on that specific issue.
Under the Children Act 1989, a parent can apply for a prohibited steps order to prevent the other parent from doing something specific, or a specific issue order to resolve a single disputed question. The court decides based on the child's welfare, not on which parent feels more strongly.
Court as Last Resort
Davidson stressed that going to court should be a last resort. Most such disagreements are better resolved between the parents, through solicitors, or via other non-court dispute resolution methods.
She also highlighted the child's perspective: "The child is the third person in this conversation, and often the one nobody asks." As children grow older, their views about being posted online carry real weight, and asking them can be the quickest way out of a deadlock. She added that it's worth asking how they might feel about the photo still being online in ten or twenty years.
