Can a mother in a complex support action require the father to provide her with his Facebook login information to prove he has more money than he claims? Can a husband require his wife in a divorce action to disclose her private Facebook postings? Family law practitioners, as well as litigators in all other fields, should look for guidance to the Allegheny County Court of Common Pleas' opinion in Trail v. Lesko, No. GD-10-017249 (Pa. Commw. Ct. 2012).
Trail sets forth a balancing test with regard to the discoverability of Facebook content and provides a thorough analysis of findings throughout Pennsylvania (including unpublished decisions and holdings) and other jurisdictions on this issue. While Trail is not a family law case, it does provide a roadmap for the family law practitioner with regard to discovery of social media, such as Facebook.
