‍The Ex-Files: Can you use generative AI in Family Court? The rules and risks

Question: I am representing myself in a relationship property case in the Family Court. I have been using AI in some of my materials and have been finding it helpful. I have been saving money by using generative AI.

Are there any problems with me using generative AI in the court system? Do I need to tell the judge or the other party that I’m using AI?

Answer: The court put out guidelines in 2023 for the use of generative artificial intelligence (AI) in courts and tribunals.

Some of the main points as set out in the guidelines include:

1. You need to understand generative AI and its limitations. A generative AI chatbot cannot give you reliable legal advice that is tailored to a specific case.

2. Confidentiality needs to be upheld, as well as privacy suppression. You should not enter any information into an AI chatbot that is not already in the public domain. Do not enter private information that is already suppressed. Significant details are suppressed under the Family Courts Act. Please take advice from a lawyer or other competent professional about what details are suppressed and what your risks are in using AI.

3. You may be asked to disclose whether you have been using AI by the court.

To read the other guidance in relation to the use of generative AI to help prepare cases, read the full Ex-Files article here. The article explains how there have already been cases (in NZ and overseas) where AI has produced completely fabricated case law. You'll also learn how AI can be a helpful tool when used carefully.

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