AI is now part of everyday life, but this does not mean it can be used in family law. It can help summarise information, tidy up emails and make writing sound more polished. For some people navigating separation, divorce, parenting matters or property settlement, using AI might feel like a simple way to save time before contacting their family lawyer.
However, when it comes to a family law matter, using AI to communicate with your lawyer can create more problems than it solves.
The Federal Circuit and Family Court of Australia has issued a Practice Direction on the use of artificial intelligence, including generative AI tools such as ChatGPT and Microsoft Copilot. This applies to court users, including litigants, lawyers and experts. It is designed to promote responsible AI use while protecting integrity, accuracy, confidentiality, safety and the proper administration of justice.
Now more than ever, it is curcial to remember that family law proceedings often involve children, homes, finances, safety concerns, family violence, parenting arrangements and the future structure of a family. The details are personal, sensitive and legally significant.
AI Can Make Your Instructions Less Clear
There is a growing trend of people using AI to write emails, timelines and summaries for their family lawyer. The intention is usually good, with many clients wanting to sound clear, organised and professional. They may also hope that providing a polished summary will reduce time and legal fees.
Unfortunately, this can often lead to the exact opposite.
An email that should provide a straightforward update can become several pages of narrative. A response to allegations can become a long list of unrelated complaints. A timeline may be rewritten so heavily that important details, emotional context or key facts are missing.
In family law, the smallest details make the biggest difference. A date, a conversation, a bank transfer, a parenting changeover, a message, a threat, or a pattern of behaviour may affect the advice your family lawyer gives you. When AI changes the way information is presented, it can unintentionally remove the facts your lawyer needs most.
Your Family Lawyer Needs Your Words, Not Legal Language
You do not need to sound like a lawyer when communicating with your family lawyer. You already have one.
Your lawyer’s role is to take your information, identify what is legally relevant, apply the law and provide advice about the best way forward. That might involve parenting matters, property settlement, divorce, family violence concerns, mediation, negotiations or court proceedings.
What your lawyer needs is your account, in your own words.
That means explaining what happened, when it happened, what you saw, what you heard, what you did, what your concerns are and what outcome you are hoping for. Spelling mistakes, imperfect grammar or emotional wording are not the problem. Missing facts, unclear instructions and AI-generated assumptions are.
Remember, clear communication does not need to be polished. It needs to be useful.
When emailing your family lawyer, try to keep your message direct. Explain the issue, include relevant dates, attach any important documents or screenshots, answer any questions you have been asked, and let your lawyer know what you want help with.
AI Can Increase Time and Legal Costs
When AI is used to communicate with a family lawyer, the lawyer may need to spend extra time working out what is actually being instructed. They will need to separate facts from opinions, check for inaccuracies, clarify whether the content reflects your real position and determine whether any legal or procedural steps are required.
In some cases, AI-generated content may also include unintended admissions, incorrect legal assumptions or details that are not relevant to the immediate issue.
This can mean more clarification, more back-and-forth communication and more time spent reviewing material. In a family law matter, more time can often mean more cost.
Confidentiality Is a Serious Concern
Family law matters often involve highly sensitive information. This may include details about children, parenting arrangements, financial circumstances, business interests, property settlement, family violence, medical issues or private communications.
Publishing identifying information about a family law matter, including using a public AI tool that uploads and shares confidential information, violates the Court’s Practice Direction on AI and is an criminal offence under the Family Law Act 1975 (Cth).
This makes it remarkably clear that AI use in court matters must be approached responsibly, with proper regard to confidentiality, accuracy, safety and legal obligations.
Family Law Advice Should Be Personal to Your Circumstances
AI can provide general information, but it cannot understand the full context of your family law matter. It does not know your history, your children’s needs, your financial circumstances, your safety concerns or the strategy behind your case.
Family law advice must be tailored to your circumstances. That is why your lawyer needs accurate information from you, not a version of events rewritten by a tool that may not understand what is legally important.
You do not need AI to make you sound more professional. You do not need to write like a lawyer. You just need to communicate honestly, clearly and in your own words.
Your family lawyer is there to help you make sense of the legal process, protect your interests and guide you through the next step. For more information, contact us today.
Disclaimer: This article contains general information only and does not constitute legal advice. You should seek advice from a qualified family lawyer about your specific circumstances.
