Can I put picture of my child online if the other parent objects?

With the social media ban for children, which comes in to force from Spring 2027 this is likely to be a topic that continues to be disputed.

The short answer is that unless there is a court order in place, there is nothing to legally prohibit a parent or carer posting pictures of their children on social media. But, if you are thinking of posting pictures on social media, or anywhere online, it is often best to discuss this with the other parent where possible to reduce the risk of conflict and possible legal action.

If both parents are named on the child’s birth certificate, then they hold parental responsibility. This means they have a say in decisions regarding the child’s upbringing. However, rights under Parental Responsibility do not include any social media or online rules, meaning it is down to each parent or carer to make a decision, and the objections by one parent does not override the other.

It is important to consider any safeguarding risks when posting online, as once something is on social media it is difficult to remove.

If online posts place a child at risk, or raise safeguarding issues, then a court application can be made. The court has the power to make a Prohibited Steps Order, preventing content being posted online, either completely, or on specific platforms. The court treats children’s privacy very seriously. If you have concerns about any specific online content, you can report this to the platform where the image is posted. However, unless this breaches any laws, they may be under no obligation to remove an image.

Here are some practical considerations to think about when it comes to posting images online;

• Why are you posting online? If it is because you want to share pictures with friends or family, is there more secure way to do this, for example text, email, or a WhatsApp group, so the pictures are not available publicly.
• Can you agree the types of photos or videos that can be shared, and / or any specific platforms? The more detail you can include in the agreement, the less risk there is of future conflict.
• If posting on social media, what are the privacy settings on your account? Can you make your account private, so it can only be viewed by people you know and have approved?
• Can you discuss this with the other parent or carer? This can be done either directly, or with the assistance of a trained third party, for example a mediator, who will provide a safe and open environment for you to have conversations around social media use. This could include posting pictures of your children, and the child’s own social media and online use.
• Can you make a parenting plan? There are lots of parenting plans online which can be used to agree ground rules about posting images? If possible, try and reach an agreement. For example, do you cover the child’s face with an emoji and make sure you blank out any information, such as locations and school logos on any uniform
• Is the child at an age where they can provide their own views? Where possible, children shouldn’t be involved in adult and parental disputes but depending on the age of the child, they may have their own views about images being posted online. It’s important to balance this against the child’s understanding and ability to recognise the risk of online content.

Article 8 of the Human Rights Act conveys an individual’s right to respect for their private and family life. This has been considered by the court, which has confirmed that there is a balancing act which involves taking into account the additional vulnerability of minors, and that the posting of content online may have a greater impact on their dignity and well-being when compared to an adult.

Where possible parents and carers should seek to communicate and reach an agreement, with court being the last resort.

Should you wish to discuss this, or any arrangements regarding children, please get in touch with our award-winning team.

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