The Rise of AI in Australian Family Law

AI and The Future of Family Law in Australia

Artificial Intelligence (AI) is likely to continue to grow and play a larger role in Australian family law. Tools like ChatGPT and AI-powered legal platforms are already being used by practitioners and litigants in the family law world. 

But, do the potential benefits of using AI outweigh the negative consequences that can arise from using AI in your family law proceedings?

How AI is Being Used in Family Law Matters and The Risks

It could be said that using AI in family law could offer a low cost support for litigants, particularly for straightforward or in the early stages of matters. However, one must be extremely cautious in using AI for use in family law matters, in circumstances where there is often inaccurate information used, and the risks involved with privacy and data security.

Section 114Q of the Family Law Act makes it an indictable offence to communicate with the public about family law matters. It could be possible that publishing information about your family law matter into ChatGPT or another similar service, could be found to be a breach of this provision in the future.

It is becoming more and more common that clients and self represented parties are using AI more and more in their communication with lawyers. Whilst the tool can sometimes assist a party to write clearer, it can also cause a letter or email to be longer and more complex, then it needs to be. This, in turn, often results in higher legal fees due to the long correspondence that lawyers need to receive and read, and provide subsequent advices, particularly when the contents of the original letter may not be accurate.

Whilst it may also assist lawyers in improving their efficiency, by locating information within a file, providing summaries of large documents, or automating repetitive drafting tasks, the human elements of the advice that we are giving cannot be replaced. It is likely that AI will become a tool, rather than a replacement for lawyers in the future, particularly in the realm of family law.

Whilst AI could assist in the very basics about the family law system, giving specific and complex advice is not something that it should do, and not something that litigants, or lawyers should rely on. Family law is governed by specific legislation, nuanced case law and evolving judicial discretion.

AI tools trained on international or generalised legal data sets can produce misleading, outdated or incorrect advice that fails to reflect Australian law or local practice. For a litigant relying on this advice to draft a parenting plan, property application or affidavit, the consequences can be severe, both in terms of legal outcome and emotional distress.

Melbourne Case Study

In 2024, a Melbourne lawyer was referred to the Victorian Legal Services Board for using AI in family law proceedings. That lawyer asked AI to generate a list of citations during an enforcement hearing. One of the cases was unable to be located by the presiding judge, or her Associates, and when asked to produce the case, the lawyer admitted he was not able to do so and that the list had been generated using his Practice Management Software’s AI functionality.

Seeking out Counselling

It is also becoming more and more common for people to use AI, such as ChatGPT, to seek out counselling. Many people use it as a platform to type in their issues and receive advice akin to that of a counsellor. Again, this could not replace the human element of a counsellor, however it could also provide a low cost form of counselling to those that may not otherwise be able to access it.

Depending on how it is used, AI could help to increase accessibility and clarity to litigants. However, there are also significant risks and issues that come along with AI in family law, as is the case in many professions. Ultimately, while AI has the potential to improve access to information and streamline certain legal processes, it must be approached with caution in the family law context. The complexities, sensitivities and human dynamics involved in family disputes demand more than just fast answers, they require empathy, expertise and professional judgment.

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