Using AI in Family Law Matters
Written by Jordan Little
What AI can’t tell you about your own case
The rise of Artificial Intelligence (“AI”) is well and truly upon us, and for many people it has become part of everyday life. AI can be a great tool to provide you with general information and a better understanding of legal concepts. However, it should never replace competent legal advice.
Just as every person is unique, every family law matter is unique. Small factual differences can significantly affect the outcome of a matter and the advice which is suitable for one person, may not apply to another.
The limitations of AI
The greatest limitation of AI is it can only respond to the information it is given. If the information you provide is incomplete, inaccurate or misleading, the response is likely to be inaccurate as well.
Just as AI is limited to the information you provide it, it is equally limited by the information it has access to. AI relying on outdated or incomplete information can cause you to receive incorrect advice about your matter.
Changes in the Law
Family law is continually evolving through legislative amendments and court decisions. AI may rely on outdated information or fail to consider how the court applies the law. As a result, its responses may not accurately reflect the actual outcomes.
A family lawyer does more than simply know the law. They apply legal principles to the specific facts of your situation, exercise professional judgment, and explain where the law is uncertain or where different outcomes are possible.
The Risk of False Confidence
The greatest danger of relying on AI for family law advice is it often presents incomplete answers, or answers based on assumptions, in a confident and authoritative way.
AI will rarely identify to you the assumptions it has made unless you specifically ask it to do so. This can give you unwarranted confidence in your legal position and lead you to make decisions based on incomplete or incorrect information. In turn, you may prejudice your case, overlook important evidence, or miss opportunities to negotiate a more favourable outcome.
An experienced family lawyer takes the time to understand your circumstances, ask questions where information is missing or unclear, and assess your matter as a whole. Just as importantly, a lawyer will explain when the law is uncertain or when the outcome is difficult to predict. AI will almost always provide the answer it considers most likely to be correct, even where significant uncertainty exists.
What the Court says about the use of AI
On 29 May 2026, the Court’s Practice Direction for the Use of Artificial Intelligence came into effect. This direction applies to all proceedings, regardless of if the proceedings are in Division 1 or Division 2, and is to be followed by solicitors, their clients, and self-represented parties. Importantly, the Practice Direction also applies to any experts who are engaged throughout the proceedings.
The Practice Direction stipulates those using AI in Court proceedings must fact-check and proofread all outputs, verify all case citations, legislation, authorities and quotations, ensure content is current and relevant to Australian law, and ensure images, audio or video evidence has not been altered or fabricated.
The Court has identified six key principles which should govern the use of AI. These are:
Integrity – users must only use AI in a way that is consistent with maintaining the integrity of the Court, including the principles of fairness, accuracy, truth, proportionality and equality before the law.
Accountability – users are accountable for the extent to which they choose to use AI. The Court may request users to account to the Courts about the way in which they have used AI and provide evidence that it has been used responsibly, lawfully and in accordance with their obligations to the Court.
Accuracy – users must ensure that all information they rely on in Court proceedings is accurate.
Confidentiality and Data Security – users must maintain confidentiality of information where confidentiality is required (e.g. by legislation or Court Order). Users must understand the risks that the use of AI can pose to confidentiality of sensitive information. Information obtained through the course of proceedings, including disclosure, subpoenas, and production orders, must not be entered into AI tools, unless strict confidentiality safeguards are in place.
Safety – users must not use AI if there is a risk it will compromise the safety of any other Court user or child (i.e. disclosing a residential address or medical records).
Education and understanding – The Court does not accept a lack of understanding as justification for inadvertence when using AI. Lawyers should undertake professional education on AI commensurate with the extent they intend to incorporate it into their practice. Lawyers and other users must understand the limitations and risks of AI before they use it.
For Lawyers, the use of AI must not breach any of their professional duties including the paramount duty to the Court and administration of justice, maintaining confidentiality of client’s information and ensuring factual and legal assertions have a proper basis.
For parties to proceedings, whether self-represented or not, they must ensure when using AI, they do not inadvertently disclose confidential information to the public, such as by inputting confidential information into an open AI source. For self-represented parties, they must ensure the information from AI which they rely upon is accurate and ultimately, they are accountable for the information they provide to the Court.
Similarly, experts engaged in proceedings must ensure any documents they are briefed with remain confidential and are not exposed to open AI sources. Experts must also ensure that the use of AI in their reports includes accurate information and does not risk the safety of parties by inadvertently disclosing sensitive material.
If AI has been used in a way which does not align with the Practice Direction, it can cause unnecessary delay to proceedings, increase parties’ legal costs, mean particular evidence is disregarded, and potentially prejudice the case. It is open to the Court to made adverse costs Orders, refer practitioners to relevant regulatory bodies or impose other penalties it deems appropriate when AI has been used inappropriately.
In the matter of Tesar & Szep (No 3) [2026] FedCFamC1F 21 a solicitor advocate misled the Court by informing the Judge his written submissions were drafted by him, and he had verified the cases he relied upon. After later informing the Court his submissions were created by AI, and the AI had cited cases which did not exist, the Court made Orders referring the solicitor to the Legal Services Commission, the solicitor pay costs on an indemnity basis and restricted the solicitor from charging their client for their costs in preparing the submissions and his previous two appearances at Court.
Using AI in Family Law Matters
Most people only provide AI with a brief summary of their matter and often leave out details they consider unimportant. In family law, those seemingly minor details can completely change the advice and the likely outcome of your matter. Unlike an experienced family lawyer, AI cannot ask follow-up questions, identify inconsistencies in your instructions, or recognise when important information has been omitted.
Family law is rarely straightforward. Every case requires careful consideration of the parties' individual circumstances, including the history of the relationship, financial contributions, future circumstances, arrangements for children, family violence, and even the timing of particular events. AI cannot independently identify missing facts that may be legally significant.
For example, in a property settlement, you may ask whether you can keep the family home following separation. Based on the limited information you provide, AI may give a general explanation of how property settlements are determined. However, you may forget to mention that one party received a substantial inheritance during the relationship, has significant health issues affecting their earning capacity, or that the parties have interests in trusts or other complex financial structures. Each of these facts could substantially affect the likely outcome of the matter and the advice as to whether you can keep the family home.
The same issues arise in parenting matters. You may ask AI whether you can relocate with your child after separation. While there are circumstances where parties can relocate with their children, without knowing the child's relationship with the other parent, the specific needs of the child, any history of family violence, schooling arrangements, or the reasons for the proposed move, AI can do little more than provide broad legal principles. An experienced family lawyer would immediately recognise that these additional facts are essential before you can receive proper advice.
Most importantly, AI is unable to understand the human nature of family law matters. Each person has a unique personality and particular advice which can apply to one situation, may not be is not appropriate in others. For example, a party may have strong emotional ties to the family home, and when negotiating a property settlement, this information could be used to not only settle the dispute, but also as a negotiating tool to achieve a more favourable outcome.
Why you should get advice from a lawyer and not AI
Family Law matters rely on the specific facts of each case and many cases are unique. This means that the advice can drastically vary between each case. Many people forget to mention seemingly unimportant information which could change the overall advice. AI will only assess the information it has been provided and generate responses based on this information, regardless of if this information is lacking.
Family lawyers can identify important facts which have been overlooked, information which is not clear, and take the time to understand each individual’s circumstances and how the law applies to the particular facts of the matter. They take the time to understand the parties involved, and tailor the advice to suit their matter with the aim of reaching an amicable resolution to the dispute.
Contact Pippa Colman Family Law team today to discuss how we can help you.
Important Disclaimer
The above information is general in nature and provided for educational and informational purposes only. It is not legal advice and should not be relied on as such. Every situation is different, and you should seek independent legal advice before making decisions about your own circumstances.