Artificial Intelligence and Family Law: The Impact of the EU AI Act Regulatory Framework and Principles on the Use of AI in Family Proceedings

Abstract

The use of artificial intelligence (AI) in family law, while already partially implemented in legal practice, continues to generate significant controversy among both scholars and practitioners. Given the increasing caseload pressures faced by family courts across EU Member States, AI tools are often presented as a potential solution to systemic inefficiencies in the administration of justice and as a means to provide broader access to the justice system. However, following the adoption of the EU AI Act in August 2024, the use of AI in family courts is now subject to a new regulatory framework that, due to its complexity, requires careful interpretation and practical assessment. This article, therefore, adopts a doctrinal, normative and socio-legal research approach to address existing scholarly gaps and to critically examine the applicability of the EU AI regulatory model in family courts, with particular emphasis on its conceptual and practical limitations and its implications beyond individual EU Member States.