As per an inspirational quote on AI by the Director of Legal Technology at Eversheds Sutherland, Bhavisa Patel,
“Activities such as legal research, document review, and contract analysis will become simpler and quicker, allowing lawyers to concentrate on complex and strategic work.”[1]
In this era, where technology has become the cynosure and AI is replacing a plethora of human tasks, it is also being used in the field of judiciary and legal analysis. For instance, SUPACE (Supreme Court Portal for Assistance in Court’s Efficiency)[2] , launched in 2021,is an AI driven tool which is used in Indian courts to improve its efficiency and ensure prompt justice. It does not help in decision-making, rather it makes the data available to judges in less time, but specifically in family matters, AI has not yet been adopted in India. There are several reasons for this, one of which is the legal sanctity and sensitivity of family matters, as well as the right to privacy of individuals.
In this paper, the use of AI in family matters and its global applications will be examined, with particular attention to its necessity in India, along with the associated drawbacks.
There are some key terminologies which should be known before delving into paper:
Generative AI: AI that is used to create new text, video, audio or code.
Humans in the loop (HITL): This is where humans are actively and directly involved in an AI system’s decision-making process
Human on/over the loop (HOTL): This refers to situations where humans are not actively involved in realtime decisions but are responsible for monitoring and intervening when necessary.
Large language models (LLMs): A type of generative AI that produce text output.
Machine Learning (ML): It is a subset of AI which involves a computer which can self-learn and adjust to new data without human intervention.
- Use of Artificial Intelligence in Family Law Matters
“Imagine being lost and terrified while standing by yourself in court, until a soothing voice leads you every step of the way. AI can be that, not a judge, but a silent ally guiding families toward justice.”
AI is being used in improving family experiences such as in language translation. AI is also used as virtual assistant to navigate legal process and complete forms. In New Jersey, for instance, a program – nicknamed JIA[3] – is one of a number of bots being rolled out by U.S. justice systems, with advocates saying they improve access to services while critics warn automation opens the door for errors, bias, and privacy violation. It is also used in improving administrative tasks like document reviewing and drafting. AI helps in Online Dispute Resolution– Modria[4] is the world’s most successful online dispute resolution (ODR) platform. It can handle all types and volumes of cases, from simple debt repayment cases to complex child custody cases. The platform accelerates time-to-disposition through a straightforward process: Technology can be leveraged to streamline dispute resolution by first identifying the core issues between parties using data analysis and AI tools. It can then facilitate online negotiations, allowing parties to communicate and propose solutions in a virtual environment. When required, the system can offer mediator support to guide discussions and bridge gaps. If the dispute remains unresolved, the process can be directed toward a final evaluation or adjudication, ensuring timely and efficient resolution.
Jenna Downy, a family law solicitor with an LLM (Applied Law) in family law from the College of Law. She was recently asked to assist in “training” LawY, an AI assistant that generates the initial draft of numerous document types and combines current, knowledgeable responses to a wide range of questions.
“As a family lawyer, we spend much of our time and energy on working with our clients, who are often going through some of the toughest and most challenging emotional experiences of their lives,” Jenna says. “Having legal AI assist with your legal research and help with the first draft of your documents, with correct legal citations, means we can focus more on the client relationship side of family law.”[5]
- Use of AI in Family Courts globally
England and Wales
AI is used in Family Courts of England and Wales to analyse judgments, specifically in domestic abuse cases. For instance, HerEthicalAI[6] is used to detect gender bias and victim blaming language in verdicts of family courts. The stereotypical assumptions are detected by this program. For instance, it found instances where:
Judges described a woman as a “deeply troubled mother with mental health difficulties unrelated to the father’s behavior.”[7]
Australia
Split–up system is used in family courts in cases of property disputes during divorce cases. It analyzes up to 94 factors relevant to the property dispute, such as contributions, resources, and future needs of both parties.[8] Additonally, it helps in improving efficiency and transparency. Furhtermore, Amica – AI Chatbot for Property Distribution[9] is developed by National Legal Aid and Legal Aid Queensland to assist separating couples regarding property disputes comparing their case with precedent cases. Adieu – Family Law Chatbot[10] is another chatbot which is used to take legal advice in family law matters.
Spain
In Basque country, EPV-R algorithm[11] is used in family courts in assessing the risk of severe gender-based violence. It aids judicial decisions but raises concerns about transparency, bias and over-reliance.
Canada and U.K.
SmartSettle ONE[12] is an elegant app for negotiation settlements using which two-party formal negotiations can easily be reduced to a single numerical issue. It was used first time in UK to settle a £2,000 claim in under an hour.[13]
USA:
Allegheny Family Screening Tool[14] is a predictive risk modeling tool used to integrate and analyze data on individuals involved in child maltreatment cases. It looks at information about families and gives a score, called the Family Screening Score, showing how likely it is that a child may need to be removed from their home in the future. If the score is high, an investigation must happen. If it’s low, it helps workers decide but doesn’t replace their judgment. The score is only used during the first screening and stays private afterward.
Additionally, as per an article in Reuters, “Illinois top court say judges and lawyers can use AI, with limits”[15]
Globally, AI in family courts is enhancing efficiency, consistency, and access to justice. It can help analyze judgments, assist in property disputes, assess risks in sensitive cases, and facilitate negotiations.
- Use of AI in Indian Family Courts
India being a developing country does require inter-support mechanism which ensures multi-layered, collaborative approach that improves delivery of justice and efficiancy. As well as, it has a lot of pending cases thus giving rise to the phrase “justice delayed is justice denied”. In Hussain and Anr v. Union Of India[16], Hon’ble Supreme Court emphasised that it is a constitutional right to have speedy trial, highlighting need to eliminate procedural delays- something AI can help to achieve. In order to serve justice promplty, AI could profoundly be an ally. AI, particularly machine learning, can significantly enhance the Indian judicial system by addressing case backlogs, inconsistent decisions, and inefficiencies. Dr. Rahul Bharati’s[17] study shows that AI models trained on over 500,000 court cases can predict outcomes with 78.5% accuracy using techniques like deep learning and NLP (e.g., BERT). These tools assist in early case assessment, legal research, and identifying bias, offering data-driven support while preserving judicial discretion. There are several ambits of Family law as well, which should be discussed separately in order to have better understanding.
CHILD CUSTODY
Post Covid-19, there has been an augmentation in divorce and thus child custody cases. According to data collected from various sources, In Karnataka, divorce cases surged from 20,454 in 2020 to 66,863 in 2022 (a 177% increase), then declined to 37,000 by 2024, with 5,576 already filed in the first two months of 2025.[18] In Indore, divorce cases rose from 3,300 in 2019 to 3,487 by mid-November 2022, marking a 5.7% increase post-COVID.[19] Visakhapatnam, Mumbai, and Delhi NCR saw a 30–40% rise in divorce petitions during the COVID-19 lockdowns.[20] In Kerala, daily divorce petitions rose from 51 in 2020 to 75 in 2022, reflecting a 350% increase over the past decade.[21] In 2019, Supreme Court established ‘Supreme Court Artificial Intelligence committee’[22] was initially led by Justice S.A. Bobde. There are several advantages of AI which include prompt justice, administrative support etc., the main aspect of which is to make people build their trust in AI. In 2020 1st online Lok Adalat platform in India, SAMA[23] was launched for online dispute resolution. Keeping these examples in consideration, it would not be wrong to say that India is moving towards being digital but has not made any regulation specifically with respect to family law. In cases which include child custody, Section 13[24] Hindu Minority and Guardianship Act,1956 states that the welfare of child must be the paramount consideration. In Tejaswini Gaud vs Shekhar Jagdish Prasad Tewari[25], Hon’ble Supreme Court observed that stability and consistency in child’s life in important and welfare of child should be paramount consideration. Keeping in consideration the delay in justice is detriment to the best interest of child, giving a perk to the use of AI in such matters. Taking an example, Taiwan is the first country to successfully make AI decision tree model with 85% accuracy under custody matters.[26]
DIVORCE:
As it has been aforementioned in the paper that the divorce cases have been augmenting after the COVID-19 era which has abruptly disturbed marital stability. AI could be used in divorce risk prediction using Machine Learning algorithms which are trained on datasets like divorce predictor scale to predict likelihood of a couple divorcing. These tools assess variables such as communication quality, emotional expression, conflict resolution, and shared interests. AI can also be used in distribution of assets occurring out of divorce and in deciding the amount of alimony, keeping the present status, income, needs of both the parties along with the maintenance of their children. Since divorce has been considered as a stigma in our society and common people try as hard as possible to protect the home of their children from divorce, AI could serve profoundly in matters of Online Dispute Resolution, helping couples undergo mediation and negotiation without going to courts as the main aim of any such session is to protect marriage until irretrievable breakdown of their marriage. Moreover, AI can be used in post divorce compliance particularly in monitoring child custody arrangements and support payments. Additionally, AI can also help in legal drafting and summarising precedents for judges and lawyers.
- Criticism
Despite its potential and pros, it has several practical, ethical and technical limitations which have been discussed hereunder:
Privacy Infringement:
“Imagine sharing your deepest pain, not with a judge, but with a machine that remembers everything. In family courts, AI risks turning justice into quiet surveillance.”
In the landmark judgment of Justice K.S. Puttuswamy v. Union Of India[27], Hon’ble Supreme Court observed that Right to Privacy is a fundamental right under Article 21 of the Indian Constitution.Since Family law matters are quite sensitive and under Section 13 of Family Courts Act, 1984, lawyers are not allowed in courts at first instance and can only join with judge’s permission, which is an evidence of legal sanctity of privacy in family matters. Parties will at each and every point be in a great peril while sharing information that it might get leaked and therefore they might even give incomplete information making the verdict deviate from what would have been the real one.
AI lacks human emotional intelligence:
In Family matters, emotional intelligence is equally important as knowledge of law, but AI being a machine which is operated by certain algorithms lacks the ability to grasp human emotions and moral nuance. There are some non verbal facial and body expressions which are easily understood by humans but AI lacks the ability to understand those expressions. Algorithmic decision making could lead to arbitrary or emotionally detached outcomes in highly sensitive cases.
Lack of equity:
Even though, AI may provide equality in decision making but lacks equity. In a country like India where a large diversity of people are there in culture, languages and other aspects; people are from different religions, have different customs. Some things which are considered wrong in one custom are considered sacred in other customs. For instance, in North India, a girl marrying her maternal uncle is prohibited; but in several communties of South India like Gounders, Vanniyars, Thevars, Reddy, Naidu this is a common practice and is not prohibited. Similarly, marrying brother’s widow is prohibited unless under Punjab Customary Law where it is very common. Likewise, customs change from community to community which makes it very difficult to operate and make algorithms of a machine in such manner. AI will not be able to give correct verdicts as per every community and will give certain monotonous responses which takes away the very essence of family law.
Other limitations:
There are several other cons such as it is complex for AI to interpret complex regional language, those people without internet will not be able to have its access, judges will tend to be ignorant in their work and legal scholars argue that the “source of law” may shift if AI systems begin to exert normative effects on behavior in society.
- Way forward
As we have already discussed that how AI is beneficial followed by its criticism, we need to figure out a way which is a semblance of both, which includes using AI with Human in the Loop (HITL) approach. This approach means that while AI aids in decision making but the final decision is taken by humans only. It could be made better by using AI in phased manner, rather than using it in aggregated form.
For instance: Dividing into several phases and thus using AI in those phases- Pre-trial Phase, Filing Phase, Research Phase, Hearing Phase, Decision-support Phase, Post trial Phase.
- Pre-trial Phase: Its function is risk assessment and early stage screening. AI can be applied to Risk prediction models for domestic violence recurrence (e.g., against history of prior FIRs, protection order history), Custody risk flagging instruments (on predictors such as parental conflict, mental illness, or educational issues), Mediation eligibility assessors (on relational patterns to recommend if mediation is possible).
- Filing Phase: Its aim is to simplify intake and paperwork. AI can find its use in Chatbots to assist litigants in filing petitions (e.g., mutual divorce, custody, maintenance), Automated document assembly (e.g., creating Form A/B as per Family Court Rules), Form validation through NLP to verify errors or missing fields.
- Research Phase: Precedent identification and legal research is undertaken. Application of AI in this phase can be Case law summarization by AI (e.g., SC’s SUVAS tool), Similarity analysis to identify precedents in custody, alimony, or asset settlement, Statistical trends in family law rulings by High Courts.
- Hearing Phase: Here AI can aid parties and judges in course of court hearings. Usage: Real-time testimony transcription and translation (e.g., SUVAS), Voice-to-text transcription of proceedings, AI-produced timelines condensing relationship, custody, or abuse occurrences from the case file.
- Decision Support Phase: AI provides inputs to aid judicial discretion—not substitute it. Can be utilized to Decision support dashboards collating risk, custody predictors, financial disclosures, Judgment prediction models (e.g., should maintenance be granted) — only as advisory aids, Sentiment and bias detection in draft judgments to facilitate objectivity.
- Post-Trial Phase: The last phase can be employed for compliance monitoring and feedback gathering. Usage: Parenting plan monitoring tools through mutual calendars or geotagged logs, AI reminders for maintenance dues or court-ordered counselling, Feedback bots can be used for anonymous litigant satisfaction gathering.
Adapting Law 3.0 Paradigm
The concept of Law 3.0 was proposed by Roger Brownsword. Prior to this, there were Law 1.0 and Law 2.0 which were Traditional version of law and Regulatory and compliance version of law respectively. Law 3.0 is technologically embedded law where machines begin to take over functions traditionally carried out by legal professionals. It not only assists legal process but helps in implementing, shaping and enforcing of law. For instance, AI systems could automatically deduct child support payments or assign custody schedules based on real-time data without direct judicial input. In India, it is not yet fully operational but its early elements are visible such as AI assisted translation (SUVAS), legal aid guidance tools, ODR for divorce mediation. Application of LAW 3.0 is a forward looking suggestion which could help in reducing delays in Family Law matters.[28]
- Conclusion
The future of AI in law, specifically family law has increased globally. In India, it has not developed fully, but in upcoming years AI may prevail over several aspects of family law. Given the sensitive nature of family disputes, AI should not replace human judgment but rather serve as a supportive tool within a well-designed inter-support mechanism involving judges, legal experts, psychologists, and social workers. As aforementioned, AI has numerous benefits such as ensuring prompt justice and helping in administrative tasks, but has drawbacks which include privacy infringement and lack of empathy. The use of AI can only be helpful for our nation if it is used within limits and humans are included in every stage of the process. Ultimately, the goal must be to use technology to reinforce, rather than compromise the values of fairness, empathy, and justice at the heart of family law.
[1] “Inspirational Quotes for 2025: Embracing AI in Our Lives,” LexisNexis (17 Feb. 2025).
[2] “AI Portal SUPACE,” Drishti IAS (7 April 2021) <https://www.drishtiias.com/daily-news-analysis/ai-portal-supace>.
[3] Avi Asher‑Schapiro & David Sherfinski, “Chatbots in U.S. justice system raise bias, privacy concerns,” Reuters (10 May 2022) <https://www.reuters.com/legal/litigation/chatbots-us-justice-system-raise-bias-privacy-concerns-2022-05-10/>.
[4] “Modria: Online Dispute Resolution,” Tyler Technologies (n.d., last visited 20 June 2025) <https://www.tylertech.com/Portals/0/OpenContent/Files/4080/Modria-Brochure.pdf>.
[5] “How AI is being used in Family Law,” *College of Law* (22 April 2024) <https://www.collaw.edu.au/community/news/how-ai-is-being-used-in-family-law/>.
[6] “About Us,” herEthical AI (n.d., last visited 20 June 2025) <https://www.herethical.ai/about-us>.
[7] “Family court judges use victim‑blaming language in domestic abuse cases, finds AI project,” *The Guardian* (8 October 2024) <https://www.theguardian.com/law/2024/oct/08/family-court-judges-victim-blaming-language-domestic-abuse-cases-ai-project>.
[8] “AI Goes to Court: The Growing Landscape of AI for Access to Justice,” Stanford Justice Innovation (n.d., last visited 20 June 2025) <https://justiceinnovation.law.stanford.edu/ai-goes-to-court-the-growing-landscape-of-ai-for-access-to-justice/>.
[9] “Amica: AI app for divorce and parenting arrangements,” Amica (n.d., last visited 20 June 2025) <https://amica.arbius.ai/>.
[10] “Adieu: AI paralegals for family law,” *Adieu.ai* (n.d., last visited 20 June 2025) <https://adieu.ai/>.
[11] Ana Valdivia, Cari Hyde‑Vaamonde & Julián García‑Marcos, “Judging the Algorithm: A Case Study on the Risk Assessment Tool for Gender‑Based Violence Implemented in the Basque Country,” *arXiv* (9 March 2022) <https://arxiv.org/pdf/2203.03723>.
[12] “SmartSettle ONE,” SmartSettle (24 May 2011) <http://www.smartsettle.com/smartsettle-one>.
[13] Nick Hilborne, “Robot Mediator Settles First Ever Court Case,” *Legal Futures* (19 February 2019) <https://www.legalfutures.co.uk/latest-news/robot-mediator-settles-first-ever-court-case>.
[14] “Allegheny Family Screening Tool,” *Allegheny County Dept of Human Services* (April 2019) <https://www.alleghenycounty.us/Services/Human-Services-DHS/DHS-News-and-Events/Accomplishments-and-Innovations/Allegheny-Family-Screening-Tool>.
[15] Sara Merken, “Illinois top court say judges and lawyers can use AI, with limits,” *Reuters* (19 December 2024) <https://www.reuters.com/legal/government/illinois-top-court-say-judges-lawyers-can-use-ai-with-limits-2024-12-19/>.
[16] Hussain & Anr v Union of India, AIR 2017 SC 1362.
[17] “Predictive Justice in Indian Courts: Machine Learning Approaches to Judicial Decision‐Making,” *SSRN* (27 January 2025) <https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5089255>.
[18] Kanu Sarda, “Lockdown impact: Divorce, child custody cases spike across country, Mumbai tops chart,” *The New Indian Express* (8 June 2020) <https://www.newindianexpress.com/nation/2020/Jun/08/lockdown-impact-divorce-child-custody-cases-spike-across-country-mumbai-tops-chart-2153644.html>.
[19] Sudhir Jha & Hemlata Kaushik, “लॉकडाउन के बाद बढ़े तलाक के केस, मोबाइल से सेक्स तक बन रहा बहाना,” *Live Hindustan* (24 April 2023) <https://www.livehindustan.com/ncr/story-cases-of-divorce-increase-in-india-after-covid-lockdown-8078449.html>.
[20] Ibid., at 18.
[21]Anas Tharakan, “Unveiling Divorce Trends in Kerala: Inferences from Family Courts,” *South India Journal of Social Sciences*, Vol 22 No 2 (30 June 2024) <https://journal.sijss.com/index.php/home/article/view/308>.
[22]“Chief Justice of India constitutes Artificial Intelligence Assisted Legal Translation Advisory Committee,” *Press Information Bureau, Government of India* (10 June 2025) <https://www.pib.gov.in/PressReleseDetail.aspx?PRID=2118241#:~:text=The%20Chief%20Justice%20of%20India>.
[23] “Sama: Online Lok Adalat and Dispute Resolution Platform,” *Sama (Odrways Solutions Pvt Ltd)* (n.d., last visited 20 June 2025) <https://www.sama.live/>.
[24] Hindu Minority and Guardianship Act, 1956, s. 13.
[25] Tejaswini Gaud v Shekhar Jagdish Prasad Tewari, AIR 2019 SC 2318.
[26] Sieh‑Chuen Huang, Hsuan Lei Shao & Robert B. Leflar, “Factors Determining Child Custody in Taiwan after Patriarchy’s Decline: Decision Tree Analysis on Family Court Decisions,” *Asian Journal of Comparative Law*, vol 18 no 2 (1 August 2023) <https://doi.org/10.1017/asjcl.2022.28>.
[27] Justice K.S. Puttuswamy v Union of India, AIR 2018 SC (Supp) 1841.
[28] “Law 3.0: The challenges facing legal leadership,” *Thomson Reuters* (n.d., last visited 20 June 2025) <https://legal.thomsonreuters.com/en/insights/articles/law-3-0-the-challenges-facing-legal-leadership>.
Author: Roopkiran
Juris Centre 