Artificial Intelligence in family law proceedings?

There has been a recent increase in discussions over potential use of Artificial Intelligence (AI) in the family law arena. Although AI may have its benefits, especially in speed and depth of data processing, one cannot blindly accept its analysis.  Many would have heard of the unfortunate case in the US where a New York lawyer had relied on an AI programme to prepare his court filing, only to find that the case citations and judicial opinions cited were fabricated by the programme.  AI also has many drawbacks, such as inability to recognize social or emotional cues, be creative or inventive, all of which are quite important to the human and sensitive nature of family law. 

However, with careful use and proper due diligence undertaken, is there room for the use of AI in family law?

 Thus far, there has been relatively limited usage of AI/technology in Hong Kong family law matters, be it on the breakdown of a relationship, or in resolving disputes on children, or finances, save that some forensic accounting firms have developed an online calculator for the purpose of calculating lump sums on a Duxbury basis.

 There is the question of practical usage of AI /technology in shaping an outcome in family law.  In Hong Kong, we have no prescribed results or set formulas for legal outcomes in family cases. Instead, our judges have wide discretion when deciding cases, and are required to consider many factors in the process.  The decisions made are based on the factual matrix of each case, taking into account specific details related to the family, to include but not limited to background of the parties, the characters involved, the upbringing of the children, the relationship within the family members, the extent/source of the family assets, and the needs of the parties. 

 Because there is no ‘’one size fits all’’ formula, our settlements/judgments are intended to be bespoke, catering for the specific needs of the family in question and what is in the best interests of the children involved.

 Family law cases are very personal. The dynamics and interaction between the parties play a significant part in the process. AI would not be able to detect signs like body language, tone, or nuances, all of which can change a person’s understanding of a matter and the meaning of a statement, as one party may interpret from the other during a settlement meeting, or a judge may observe from a witness giving evidence.

 Further, there may be potential bias (depending on source of information used) and leakage of information resulting into confidentiality concerns, especially in family law matters, where Court documents and the proceedings are kept in private and not accessible by the public.

 Despite limitations and the concerns identified above, AI may still play a role in the family law system. Recently, there have been suggestions from end users and practitioners in the field suggesting possible benefits of having an AI system to ease some of the administrative burden of the family court. This could be by way of answering simple questions related to procedures, for example paperwork that needs to be submitted, the timetable for a specific application, time estimate for a hearing, how to arrange for an interpreter, who can attend court with a party and what are the court fees. This sort of information can be of great assistance to the parties, especially for litigants in person. 

 In the meantime, the family court has taken steps to introduce some technological advances such as video conferencing facilities for remote hearings since COVID, e-booking for certain appointments with the family court registry and with the integrated Mediation Office, and e-listings of the family court’s daily court list. E-filing may also be on the horizon.

 Whilst AI will process information much faster than humans can, it does not have self-awareness or the ability to think, reason and evaluate, which a lawyer would accumulate via a process of learning through variety of experiences and situations. Most importantly, sensitivity to the emotions of others is an important trait in a family practitioner and is a skill which AI has not yet mastered.

 Time will tell how AI will advance and to what extent it will be integrated within the family law system. But for now, it is best to be used with caution.