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May 15, 2022
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‘Sharenting’: Can my ex show our children with his current partner on social networks?

'Sharenting': Can my ex show our children with his current partner on social networks?

Social media is already part of everyday life for many. Therefore, a large group of parents is not afraid to show their children in different digital platforms.

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However, not all the content that parents publish about their minor children would be appropriate, since some of these publications could lead to some type of violence, according to the lawyer Juan Carlos del Águila.

In dialogue with the specialist in Family Law points out that although “There is no rule that prohibits parents from uploading photos of their children”whether accompanying them or not, “Yes, the protection of minors is contemplated in the laws”.

For this reason, he points out, it is necessary for parents to pay particular attention to the photos and videos of their little ones that they wish to share. The objective is that said material does not exceed the limits or generate a negative impact on the minor due to the negative comments that it could receive.

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“Any fact that generates an act of sexual or psychological violence will be punished, regardless of whether it is imputed by the father or not. Although in accordance with article 423 of the Civil Code, parents have the right to represent their minor children, there is also an interest of the State in protecting children and adolescents”it states.

Can I prevent my child from being exposed by my ex-partner on social networks?

Although there may be reasonable doubts about whether or not it is correct to expose our children on the Internet, these are not sufficient reasons to impose a prohibition on the mother or father of our children.

Regarding this, Del Águila specifies that “The concern cannot prevent (one of the parents) from publicizing some acts that are part of the natural life of people”. As he points out, “This situation could not be prohibited because there is no evidence” that there is sexual or psychological violence.

“A photograph is not a negative act but the ends that are generated with this material”stands out.

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Photographs or videos with the new commitment of my ex-partner

If you observe your ex-partner, and also the father of your children, publishing a photograph of the minor next to his current commitment could do something about it. As detailed by the legal representative, these situations lead to an affectation of minors due to the reaction they generate.

“What is constantly seen is that the photo of the minor is not published alone but with the new partners (of one of their parents). This while (the minors) say how much they love their ‘mother or father’. This generates comments from family and friends and it does generate an act of psychological violence, because in some way it produces comments about the minor’s life, affecting her family environment “Explain.

Faced with this situation, the specialist in family law specifies that the first thing to do, if you want to act on it, will be to collect the evidence of said damage.

“You have to capture these negative comments, then prepare a notarial letter addressed to the father or mother in order to request, in my capacity as parent, not to cause further damage (…) Objectively, a bad reputation is being given to the minor, it is It will harm him because that child grows up and learns to read”points out.

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