Is It Safe to Use ChatGPT in Family Law Cases?
As artificial intelligence tools like ChatGPT become increasingly popular, a recent decision from the Federal Circuit and Family Court of Australia has issued a strong reminder: using generative AI in family law proceedings can carry serious legal consequences, including the risk of criminal prosecution.
Under the Family Law Act, it is an indictable offence to publish or share an account of court proceedings that reveals the identity of any party, witness, or associated individual. This includes:
- Names, photographs, or physical descriptions;
- Home or work addresses;
- Employment or volunteer roles;
- Religious, political, or philosophical beliefs; and
- Any other information that could reasonably identify a person involved.
These provisions are in place to protect the privacy and safety of those engaged in often highly sensitive family law matters and as such, failing to do so carries with it a risk of up to 1 year in prison.
In the recent appellate judgment of Helmold & Mariya (No 2) [2025] FedCFamC1A, the Court cautioned both litigants and legal professionals that using open AI platforms, including ChatGPT, could “fall foul” of these confidentiality obligations.
The Court has highlighted a growing concern: uploading court-related documents into AI tools, which may store and learn from such data, could:
- Waive legal privilege;
- Breach confidentiality obligations; and
- Potentially constitute a criminal offence under the Act.
Simply put, sharing any material from proceedings into a generative AI system “which stores, collates and replicates data” may compromise the integrity of the case and the privacy of all involved.
In our everyday practice, we’ve observed a sharp rise in clients turning to AI tools to draft briefs or prepare materials for their family law matters. While this may, on the face of it, be an efficient and cost-effective use of technology, we fear many are unaware of the risks. In using these tools, clients may not only be exposing deeply personal information to the world but undermining their own legal rights and opening themselves up for criminal sanctions.
We appreciate that family law matters are often complex, emotional, and private and while technology can offer support, it’s vital to understand where its use ends and legal boundaries begin.
If you’re involved in a family law matter:
- Avoid inputting any court documents or identifying information into AI tools;
- Consult your legal representative before using any third-party software; and
- Stay informed about your rights and obligations under the Family Law Act.
Need Legal Guidance?
Don’t leave your privacy, or your case, to chance – if you’re unsure about how to safely use technology in your legal matter (or whether your current actions may expose you to risk), contact our experienced family law team today to book a confidential consultation and ensure your rights and information remain protected.