Artificial intelligence is not only transforming legal practice, it is also creating new risks for the courts.
As its capabilities accelerate, so too does the potential for misuse, raising difficult questions about trust, authenticity and the integrity of modern evidence.
In December 2025, I wrote about the rise of AI in the legal sector. I thought I would drill down into that a little further and talk about this from another angle.
As we move through 2026, courts, practitioners, and families are confronting new risks created by AI generated evidence. I previously discussed the pitfalls for those using AI to prepare court documents and statements. However, there are also those who have attempted to use AI to create things like false audio recordings, videos and text messages/emails. This kind of fake ‘evidence’ can really complicate what are already quite difficult proceedings and add cost, uncertainty and risk.
Family lawyers are now seeing cases where parties present very sophisticated-looking evidence to support allegations which may or may not be true.
In high conflict cases, particularly those involving allegations of domestic abuse, the potential misuse of AI generated content could have very serious consequences. In cases where outcomes hinge on disputed allegations, the introduction of this kind of falsified material, whether intentionally fabricated or just suspected, could make court proceedings take longer, cost more and exacerbate existing conflict between parties. What makes the issue particularly dangerous is that the quality of deepfakes is improving so rapidly that they can be difficult for non experts, including solicitors, to identify without specialist assistance.
Courts can appoint Digital Forensics Experts to assess the authenticity of evidence where there are concerns arise. However, the increasing sophistication of deepfake technology means that even expert analysis may not always provide definitive answers.
Practically speaking, we therefore need to:
1. Carefully consider any digital evidence presented at the earliest opportunity.
2. Raise any suspicions or concerns as soon as possible.
3. Consider whether it may be necessary to instruct an expert on any key evidence of concern and what our next steps may be if this is not possible, proportionate or practical.
That will enable you to tackle these issues as best as anybody can at present. It is a tricky area and ever changing.
To see my previous article on Artificial Intelligence in the Legal Sector, please click here.
How we can help
If you would like some initial advice on a family matter then please contact a member of our Family Team who will be happy to help you, or you can have a look at the information on the Family Law pages of our website.
We offer appointments in person at our offices, over the phone or by MS Teams so we can be flexible around your commitments. Please contact us on freephone 0800 011 6666 or via email at legal@timms-law.com.
