Can I use ChatGPT to Assist with My Family Law Matter?
Why Using AI Tools Like ChatGPT in Family Law Matters Can Be Risky in NSW
It’s no secret that artificial intelligence tools like ChatGPT are changing how people access information. From drafting emails to researching everyday issues, AI can be quick, convenient, and accessible. But when it comes to family law matters in New South Wales, using ChatGPT (or any AI tool) can lead to serious mistakes and even legal breaches.
While AI can help you understand general legal concepts, it cannot replace tailored advice from a qualified family lawyer. And in some cases, using AI tools during an active family law matter could breach Australian court rules or confidentiality laws.
The Risk of “Phantom Cases” and Inaccurate Information
One of the biggest dangers of using AI in legal matters is “hallucinated” or phantom cases, legal precedents that sound legitimate but don’t actually exist.
In early 2025, an Australian lawyer faced disciplinary action after submitting ChatGPT-generated legal cases that were completely fabricated in court filings. This incident reinforced the danger of relying on AI without verification. Unlike a lawyer, ChatGPT doesn’t have access to real-time legislation or verified case databases, it simply generates content based on patterns. That means what it provides might sound credible, but could be factually or legally wrong.
When you’re dealing with something as important as parenting orders, financial settlements, or family violence issues, relying on incorrect information could harm your case and delay your outcome.
You Could Breach Confidentiality and Court Orders
If you upload your court documents, affidavits, or parenting orders into ChatGPT or any public AI system, you may be breaching strict confidentiality laws.
Under Part XIVB of the Family Law Act 1975 (Cth), which replaced the former Section 121, it’s an offence to publish or share identifying information about family law proceedings without permission. That includes uploading details about your children, your ex-partner, or your ongoing case to an external website or app.
Family law matters are highly confidential for a reason, to protect children, families, and sensitive evidence. Once information is entered into an AI system, you lose control over how it’s stored or used. It may even become accessible publicly in the future.
AI Use is Now Restricted in NSW Courts
In 2024, the NSW Supreme Court issued Practice Note SC Gen 23, setting strict limits on how lawyers and parties can use generative AI in legal documents.
Under this rule:
- Affidavits, witness statements, and other evidence must not be generated or edited by AI.
- Anyone filing a document must affirm that the content was not created using AI.
- Uploading confidential or subpoenaed documents into AI tools is strictly prohibited unless the court grants permission.
These measures were introduced after global incidents where AI-generated content, including fake citations, was filed in court proceedings.
So if you use ChatGPT to draft or edit an affidavit, statement, or submission for your case, you could be breaching court rules, even if unintentionally.
👉 To learn more in depth about property settlements in family law, read our Parenting Family Law Brochure.
ChatGPT Is Not a Lawyer
While ChatGPT can provide general information, it does not understand your unique circumstances, current NSW legislation, or procedural requirements. It can’t analyse your evidence, assess your risks, or provide advice that’s in your best interests.
Only a qualified NSW family lawyer can do that.
AI tools can sometimes make you feel more informed, but they can also create false confidence. You might act on incomplete or incorrect advice and make decisions that harm your position in negotiations or court proceedings.
Use AI With Caution, and Always Verify
If you use ChatGPT to understand general legal concepts (like “What is shared parental responsibility?” or “What happens in property settlements in NSW?”), treat the output as a starting point only.
Never copy and paste AI-generated text into legal documents. Never upload confidential material. And never rely on AI for legal strategy or advice.
If you want clarity about your rights and next steps, talk to a lawyer who practices in family law in NSW. They can explain the law accurately, apply it to your situation, and ensure you remain compliant with current legislation.
Protect Your Case. Speak With an Experienced Family Lawyer.
We know how tempting it can be to “Google” or “ChatGPT” your legal questions, but when your family, finances, or safety are on the line, there’s no substitute for qualified legal advice.
We help clients across regional and rural NSW understand their rights, prepare strong cases, and protect themselves through every stage of their family law journey.
If you need advice about your family law matter, we’re here to help. Get expert legal support today by reaching out to us at admin@allwrightbourke.com.au or give us a call at 1300 225 297 (1300 ABL AWS).