Navigating the New Frontier: The Use of AI in Family Law

Artificial Intelligence (AI) has rapidly shifted from a futuristic concept to a highly practical tool in our daily lives. Within the Australian family law system, generative AI and specialised legal software are increasingly being utilised by lawyers, separating couples, and expert witnesses alike.

While AI offers significant opportunities to streamline administrative tasks, reduce costs, and clarify complex legal concepts, it also presents serious operational and ethical risks.

Anyone navigating a family law dispute must understand how to use these tools safely and within the strict boundaries set by Australian courts.

How AI is Changing Family Law

For separating couples looking for a practical way to navigate their divorce, AI can be a highly effective tool for administrative support. Common uses include:

• Document Management: Organising disclosure documents, tracking critical dates, and summarising lengthy records.

• Drafting Support: Formulating initial thoughts, creating simple correspondence, and helping self-represented individuals draft clear statements.

• Initial Research: Explaining broad legal principles, such as how asset pool divisions or parenting arrangements generally work under Australian law.

However, family law matters are uniquely sensitive and deeply fact-dependent. Relying too heavily on automated tools without human oversight can quickly derail a case.

The Risks:

A significant technical flaw of generative AI is its tendency to "hallucinate" and generate information that sounds highly convincing but is entirely fabricated. In a courtroom setting, this has already led to severe consequences.

Beyond the risk of inaccurate research, inputting personal details into open, public AI models poses a massive legal danger in family law.

Further, due to the deeply fact complex nature of family law, if people don't understand what information is important, then it will simply be missed which can have dire consequences,

An AI generated depiction of a self represented litigant being assisted by AI in court.

Recent Case Law Developments 

Australian courts, particularly the Federal Circuit and Family Court of Australia (FCFCOA), have recently addressed several instances of AI misuse:

• Helmold & Mariya (No 2) (2025): The Full Court of the FCFCOA dismissed an appeal from a self-represented litigant who used AI to draft their Summary of Argument. The AI-generated documents cited non-existent case law alongside real cases that failed to support the user's actual arguments. The Court ruled that submitting unverified AI work creates unnecessary confusion, wastes resources, and risks misleading the Court.

• Jenson & Lockridge (No 2) (2026): A self-represented individual used a commercial-grade AI platform to frame grounds of appeal and structure oral arguments. Relying on the precedent set in Helmold, the court rejected the submissions and dismissed the appeal, noting that a platform's commercial status does not guarantee legal accuracy.

• Mertz & Mertz (No 3) [2025]: The Full Court referred an appellant's legal team to professional regulatory bodies after a paralegal used AI to prepare court documents without the supervising solicitor's knowledge. The Court heavily criticized the firm's lack of oversight and training, firmly reinstating that legal practitioners remain fully accountable for the accuracy of court filings regardless of delegation.

• Dayal [2024]: A legal practitioner filed a list of legal authorities that simply did not exist after relying on an AI tool built into their practice management software. The court referred the practitioner to regulatory bodies, emphasising that delegating tasks to technology does not dilute a professional's ultimate accountability.

Important Note on Privacy: 

Under Part XIVB of the Family Law Act 1975 (specifically section 114Q), it is a criminal offense to publish or communicate accounts of family law proceedings to the public.

Uploading court documents, sensitive transcripts, or identifying information into an open AI platform means that data is transmitted to, stored by, and potentially used to train third-party servers.

The courts have warned that doing so can waive legal professional privilege, breach confidentiality, and violate statutory publication bans. Furthermore, leaking sensitive details, such as a protected residential address or medical history, to an open network can directly compromise the physical and psychological safety of the families and children involved.

The FCFCOA Practice Direction on AI

To address these emerging issues, the Federal Circuit and Family Court of Australia has officially issued a Practice Direction: Use of Artificial Intelligence.

This directive establishes clear principles for anyone, whether a seasoned lawyer, an expert witness, or a self-represented party, intending to use AI tools in a legal matter.

1. Absolute Accountability

The Court does not prohibit the use of AI, but it places ultimate responsibility on the human author. You are fully accountable for the accuracy of anything filed under your name. A lack of technical understanding will not be accepted as an excuse for errors or accidental misconduct.

2. Mandatory Verification

Every single legal citation, legislative reference, and factual assertion produced by an AI platform must be independently checked and verified against authentic sources before it is submitted to the Court or sent to an opposing party.

3. Data Protection and Secured Environments

Parties are strictly prohibited from entering confidential, sensitive, or privileged case data into public AI engines. If an AI tool is used to analyse documentation, there must be strictly verified technical safeguards ensuring that the data stays entirely within a secure, private environment and will not be stored externally or used for model training.

4. Transparent Disclosure

If requested by a judicial officer, court users must be prepared to transparently explain if AI was used, what specific tool was applied, how the information was checked, and how they complied with the Court's directives.

The Takeaway

AI is a permanent addition to the Australian legal landscape. While it can be a powerful asset for organising thoughts and improving productivity, it cannot replace human judgment, nuanced strategy, or genuine empathy.

When navigating a family separation, securing your privacy and presenting accurate information to the court are paramount. AI can assist, but professional legal advice and knowing what questions to ask remains essential to ensure your rights and your family's future are properly protected.

If you have questions about how to safely navigate your separation or require expert guidance for your family law matter, contact Freemont Family Lawyers today to book a 30-minute free consultation.