Can AI generated evidence be used in family court proceedings?

While AI generated evidence is not currently explicitly banned in English courts, there are significant concerns and restrictions regarding its use in legal proceedings.

In a 2023 case, it was found that none of the case summaries created using AI and presented to the Court by a litigant in person, were genuine. The court accepted that the litigant in person had made an innocent mistake.

Courts are now approaching AI-generated evidence with extreme caution, requiring thorough verification and explanation.

In Australia there is a ban on AI being used to generate the content of affidavits or witness statements. It is expected this ban will follow in England and Wales.