Can I go to court about this?

[Abbie]

I have a 16 year old Daughter, she got good Grades in her GCSE and is absolutely no troublemaker what so ever. (This is not just my representation. she is now at sixth form, she is the president, wanting to go to Uni to become a teacher herself) We've had a few problems with a certain family for nearly 5 years now. My daughter and their daughter went to the same school, we took her daughter away Up to scotland. Over the last few years the girls friendship has blown hot and cold. Currently they are both dating brothers which is causing major dispute. Basically 'n' the friend never tells the truth she is always lying and always has. 'N' posted something to 'A' -MY daughters facebook page to her boyfriend telling him their relationship wasn't real, once N's boyfriend found out he was furious which nearly resulted in them splitting up, so the lies began again, My daughter was a lier when all she ever tries to do is keep the peace.

I'd also like to add, these girls do attend house parties so do sometimes consume alcohol as all teenage girls and boys do where we live..

The worst started when N's mother got involved, posting

It is with reluctance I am allowing my baby to stay at her boyfriends tonight as he is having friends over!! ( Due to weather ) Now hear this Madame (not nicole ) you know who you are !! You better stop causing trouble and spread any complete Lies about Nicole!! You are a very sick young lady! I've been putting up with your bull shit for more than 4 years !!! you've cause trouble with all of your friends!!! despite what myself and craig have said as parents nicole has tried to be your friend?!( looking for you when your mortal even if your mother told nicole she should NOT have rang her cause it worried her even though you had been missing for an hour !! I then drove the streets looking for you !! ) be reassured regardless of the weather I will be down at Elliot's house!!! If you cause anymore drama tonight and if past history is anything to go off you will !!! Your patents might let you do what you want but your not tanting my child with your brush !! Be warned !! And if I every see you writing such dirty revolting lies about nicole on Facebook again you will find yourself in court! And yes I can afford it love!!I have copied of what you wrote !! (Sorry nicole it had to be said and I hope her mother see it !! )

onto the website facebook, I'm not going to lie my daughter has been through some major problems recently I and her father split up and her Father moved away to the other side of the world with one days notice.

My Daughter cant take this, I've found she's been self harming since reading this from the mother...

what can I do, can I take the mother to court, If this keeps up I will loose my daughter because of this selfish woman.

[8Dave]

I am by no stretch of the imagination a legal expert, but my _speculation_ would be that this isn't really something for civil court (which is what "taking someone to court is.) It would be a case of bringing litigation for defamation, which would likely be really quite hard to prove and would cost a lot of money (do you even know what "copies of what you wrote" she refers to?) Anyway, if she keeps this crap up (and it is crap; even if every word of her post was true, you're talking about an adult bitching about a kid on a public forum; pathetic, immature, and by no stretch of the imagination an appropriate way to go about things), I'd record all instances of it, and go to the police for an informal chat. If it's in an informal nature (your asking where you stand legally), I doubt the police will involve themselves beyond that, unless you ask them to. They'll be able to tell you whether it constitutes harassment (so criminal court, not civil court.)

The important thing, though, whether civil court, criminal court, who's levelling the accusation, etc, is that you do that recording thing. Any kind of communication that could constitute harassment, record what was said, when, where, who was present, the medium (e.g. telephone, in person, Facebook--if on Facebook/social media, take a copy of the written text and record it elsewhere, including the comments of anyone who responded, and when, as she may realise she's being an idiot and delete the thread), and so on. If it's in person, or on the phone, record it right after (whilst your memory is fresh.) Don't be dragged into any confrontations about it (be diplomatic and calm.) I'd imagine that her bitching on Facebook, publicly, would put her straight onto the back foot with regards to how the authorities view her credibility. If she's being like that, and you're being diplomatic, calm, controlled, and non-confrontational, I'd think that would be valuable to your own position with the authorities.

Again, I can't stress enough that this is speculation on my part. For all I know, the Facebook post your recreate may not legally constitute harassment. But it's what my best judgement would incline me to do were I in your shoes.

And if your daughter is self-harming as a consequence, she should go to her GP regarding that. That may be relevant from a legal stand point (I honestly don't know,) but certainly is important with regards to her health and well-being. But I figure you've probably already tried pushing her in that direction.