Judicial warnings against unverified AI use

Judicial warnings against unverified AI use

Baljit Bains reports on the case of The Father v The Mother & Ors, [2025] EWHC 2135 (Fam), a significant UK High Court family law case from July 2025, notable for its discussion on using Artificial Intelligence (AI) in litigation, where the father was sanctioned for relying on AI-generated fake cases, highlighting judicial warnings against unverified AI use and emphasizing the need for legal professionals to verify AI outputs to prevent wasting court resources.

The proceedings concerned father’s application for a Child Arrangements Order in respect of his three children.  Due to allegations of domestic abuse against the mother, a fact finding hearing took place in 2021 where findings of abuse were made against the Father.

In January 2025, the Father applied to reopen the proceedings based on a 2024 ASD diagnosis and he relied of AI generated case law and authorities. The application was referred to the Family Presiding Judge for the Midlands.

The court concluded that reopening the fact finding judgment would not likely result in a different decision regarding contact. It would also be contrary to the children's best interests to prolong proceedings or permit further applications from the Father.

Consequently, the court decided to extend the s.91(14) order until the children reach 18 years to provide finality and protect their welfare. The court also considered the Father's litigation conduct, including reliance on fabricated case law and unfounded allegations, and found a costs order against the Father justified.

The case serves as a crucial warning from the judiciary about the dangers of litigants (especially Litigants in Person) relying blindly on AI tools like ChatGPT to prepare legal arguments. The Father presented "faked cases" generated by AI, failing to verify their existence or relevance, leading to judicial criticism. The court imposed costs on the Father due to this conduct, emphasizing that professionals (and individuals) must rigorously check AI-generated content, as failure to do so wastes court time and erodes trust.

‍