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What is the law around sharenting and divorce?

3 min read

As the power of parenting influencers grows on social media, and beyond, into TV documentaries, podcasts and vodcasting, most of us have seen online content featuring other people’s children – often children we don’t have any connection to. Celebrities, influencers, family, friends, and even distant acquaintances, document details of their home lives and the children they’re raising via photos, videos and updates. This now even has a name: ‘sharenting’.

Article updated October 2025.

We’ve been documenting life long before social media. However, the widespread cultural norm of sharing our lives online means that what would previously have been treasured photo albums, family footage and diaries, are now permanent, publicly accessible, digital footprints.

Maybe you’re marking your kid’s birthday with a nostalgic roundup of photos, sharing the obligatory ‘first day back at school’ snap, or posting snippets of your family holiday. Sharing on Instagram, TikTok or even YouTube is a way of recording these moments for posterity and letting others share in your joy.

Sharenting and the law 

Of course, there is a considerable argument around child privacy, and balancing this with your rights as a parent. Should pictures of children be posted online before they can decide for themselves?

According to recent research by the University of Southampton, children could be at increased risk of being cyber-bullied and potentially having their identities stolen in later life when images and footage is shared of them online.

Legally, parents have the authority to make decisions for their children until they turn 16, when they’re typically considered competent enough to make decisions independently. However, there’s a delicate balance between parental decisions and respecting the child’s right to privacy and these can often come head-to-head.

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Establishing whether the content shared about a child is appropriate can be challenging for the court but if deemed inappropriate, they may order the content to be removed.

In some jurisdictions, children who reach maturity have taken their parents to court for breaching their human rights through “sharenting,” but it would be up to the child to take legal action later.

Sharenting and divorce 

Divorce and separation can naturally widen the gap between parents’ views, emotions heightened by the strain of the situation. When it comes to sharenting, what one parent considers appropriate, the other may feel less comfortable with.

Ideally, you and your ex-partner should reach an agreement between yourselves as to how to manage your child’s online presence. This can be documented in a parenting plan, a formal agreement setting out the various decisions and arrangements for children after separation or divorce. Some parents will choose to entirely limit how much their child is shared, for example by ensuring their face is not seen in full on any video or image posted.

There are several non-court dispute resolution options that you can try if you struggle to agree. Mediation may be appropriate, and can even include your children’s own wishes and feelings depending on their age and understanding.

What if we still can’t agree?

Formal agreements about how parents will care for their children after they’ve split up are usually made using a Child Arrangements Order, a legal order made via the family court.

However, Child Arrangements Orders don’t usually address the boundaries that separated parents set for sharing information about their children online.

The family court isn’t there to enforce uniform parenting styles. Its role is to ensure that parenting meets a basic minimum standard and that each party has an arrangement that prioritises the children’s wellbeing—emotionally, physically, and psychologically—and supports their relationship with each parent.

However, if one party raises concerns about what is being shared on social media by the other parent, the court may have a view on whether it is appropriate and whether it should continue.

Can sharenting be included in a Child Arrangements Order?

It’s possible to include agreed sharenting boundaries in a Child Arrangements Order as either a recital, featuring as a condition of contact, or in extreme circumstances it may be included within a Prohibited Steps Order where the online sharing is deemed as particularly detrimental.

What if your ex ignores the agreed sharenting boundaries?

The implications of somebody breaching the terms of a Child Arrangements Order or Prohibited Steps Order would depend on the circumstances of the agreement.

For example, divorced parents include restrictions for sharing content about their children online in their Child Arrangements Order, then years later return to court to amend their order to suit their child’s evolving needs. If during proceedings it emerges that one parent violated the agreement, this breach could affect the court’s perception of that parent and have implications for them as they look to make future child arrangements.

Useful Links

Keeping children at the centre – not in the middle – of divorce and separation

How to co-parent successfully

What is parental responsibility?

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Judit is a Associate at Stowe Family Law, supporting clients across a wide range of family law matters including divorce, complex financial disputes, and children arrangements. Known for her calm, methodical approach and high attention to detail, she offers clear, empathetic guidance to help clients navigate challenging situations with confidence and clarity.

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