Using AI in family law

What is AI?

AI stands for artificial intelligence. It is a tool that you can use to perform tasks that you would normally have to do yourself, like, search for information or fill out documents.

There are different types of AI tools:

• closed AI – is not open to the public and protects information from being shared publicly or used to train the AI tool
• generative artificial intelligence (GenAI) – allows users to create new content, like text, images and videos, by asking questions or giving instructions to the tool
• generative AI Chatbot or tool – a tool that simulates a conversation, like ChatGPT, Google Gemini, Claude and Microsoft Copilot
• public AI - an AI tool that is publicly available via the internet.

When you can use AI

You can use AI in your family law case to research the law and prepare your documents. There are rules that you must follow.

If you are going to use AI, you should use closed AI.

You must use an AI tool that:

• contains accurate and up to date information about Australian law, rules, regulations, and cases
• doesn’t change, enhance or make-up your evidence
• does share confidential information.

If you are using GenAI chatbots, you must disable the chat history or web search access, if possible, to reduce the risk of sharing confidential information.

You are responsible for making sure that the AI tool protects confidential information and produces accurate and current information.

You cannot use AI if it will risk the safety of a child or anyone using the court. This includes using an open AI tool and uploading documents that contain a protected residential address or medical records.

You are accountable for when and how you use AI and the type of AI tool you use. The court can ask you to give evidence about how you have used AI in your case to show that you have followed the rules and used it responsibly.

Risks of using AI

There are serious risks to using AI in your family law case. It may give you wrong or made-up information or share confidential information. You must be aware of the risks and only use AI as allowed by the court’s rules.

Serious penalties apply if you don’t follow the rules.

For more information, see Using generative AI in the legal system.

Accurate and authentic information

AI can create information that is believable, even though it is inaccurate, wrong or misleading. You must not assume that the information you get from AI is accurate or complete.

You are responsible for making sure that the documents you create, and the information you give to the court using AI is accurate and complete.

If you don’t, you may mislead the court. This means giving the court inaccurate, wrong or misleading information, which the court uses when making decisions. If you do not provide important information to the court this can also mislead the court. Serious penalties can apply if you mislead the court, including costs orders. If you are unsure, get legal advice from a lawyer.

Researching the law

AI has been known to create inaccurate, incomplete or wrong information on Australian law and make-up cases. It can create information using overseas laws that do not apply in Australia. It can create wrong or misleading information about how the law applies to your case.

It is important that you do not rely only on AI to do research. You should look at official sources for legal information to verify any information you get from AI.

On the Federal Circuit and Family Court of Australia website, you can find:

• Legislation – a list of the laws, rules and regulations that apply to your case
• Judgments – a list of the courts decisions that may apply to your case.

You can also use the Australasian Legal Information Institute website to search for this information.

You should also get legal advice about how the law applies in your circumstances.

Creating documents

You are responsible for the information that is in your court documents.

When you sign your court documents, you are agreeing that they are accurate and complete, and you followed the law when you created them.

Before you sign your documents, you must:

• fact-check and proof-read them
• edit and adapt any information created using AI to suit your situation
• check all references Australian laws, rules, regulations, and cases to ensure they exist and are accurate
• use a NAATI certified translator or interpreter to translate documents not in English.

You must be careful when using AI to prepare an affidavit or any document for your evidence. You can only talk about things that you have seen, heard or witnessed. It must be written in your own words.

If you are asked by the Judge, you must tell the court if you used AI to create a document.

Protecting confidential and sensitive information

AI can store all of the information that you put into it and every question you ask it. It could use your information to respond to questions from other users and give them access to the information. As a result, confidential or sensitive information could be shared with the public.

You must not share confidential or sensitive information about your case with the public or unauthorised third parties.

It is illegal to share information about your case that identifies a party, witness or people related to the case, including a child. There are serious penalties for this offence, including a prison sentence.

What you need to do

There is some information that you can’t put into any public AI tool. This includes:

• information shared according to a court order, including a subpoena
• financial disclosure
• disclosure
• information covered by a non-publication or suppression order
• confidential information protected by law or court order.

You cannot put this information into any GenAI tool unless:

• it is closed AI – the information will stay confidential and cannot be accessed by unauthorised third parties or the public, or
• the information won’t be used to train the AI tool.

You can only put information into a GenAI tool to complete tasks related to your case. You cannot do it for any other reason.

Inappropriate uses of AI

You can’t use AI to:

• commit domestic or family violence
• make arguments that are frivolous or vexatious – that have no chance of success or are used to harass or harm someone or delay your case
• create information or documents that will mislead the court
• record court proceedings.

There are serious penalties if you do. The court can disregard your documents, make a costs order against you or give you another penalty.

You must tell the court if someone has used AI for an inappropriate purpose that could undermine the integrity of the case, like creating false or misleading evidence.

Recording and transcript

You cannot use AI to record or make a transcript of mediation or court proceedings.

It is an offence to photograph or record:

• a hearing
• a trial
• a conference
• a meeting with a family consultant
• a meeting with a single expert
• a conference of experts
• a person who is at court.

You can be fined if you make a recording without the court’s permission.

Get legal advice

AI can’t give legal advice, although it might try.

This is because it can’t:

• understand the unique facts of your case
• understand your background or personal circumstances
• tell you how strong or weak your case is
• understand the difference between facts and opinions in court decisions.

Always double check that the information AI gives you is correct. You are responsible for deciding what to say, what documents to file and how to run your matter.

If used properly, AI can help you to complete some tasks for your case. But it is not a replacement for a real lawyer.

You should still get legal advice to help you understand your legal obligations and how to prepare and run your case.

Last updated: June 2026