Family law affidavits and AI: what identifying material gives away in ChatGPT or Claude.

Family law is the one area where Parliament has written down what it means to identify a person: a name, an address, a workplace, a relationship, a school. Part XIVB of the Family Law Act makes it an offence to communicate an account of proceedings to the public that identifies a party, a witness or a child, and names the internet as a means of communication. An affidavit is made of exactly that material. This page marks every identifying item in a parenting affidavit, explains what the Act says and what it does not, and shows how the same affidavit is drafted on Ermos inside the firm.

The family law affidavit

Drafted by the solicitor from the client’s instructions for filing in parenting or property proceedings, and sworn by the client.

An invented affidavit. Hover or tap any highlighted item for the analysis; the full list is below.

What leaves the firm

1. 1
   The proceedings

   Parties and a court file number. Part XIVB of the Family Law Act restricts communicating to the public an account of proceedings that identifies a party, a witness, a relative or anyone concerned in the matter. Rule 9 confidentiality guide.

2. 2
   The deponent, her address and her occupation

   Three of the categories the Act itself lists as material sufficient to identify a person: a name, a residential address, and employment details. Privacy Act guide.

3. 3
   The children, with dates of birth

   Two children named and dated. The people the Act is most concerned to protect, and the youngest individuals on any page in this series. Privacy Act guide.

4. 4
   The school and a teacher

   Where the children are every weekday, and a named teacher. The Act lists “an address or location where the person resides or works” as identifying material; a school is both. Privacy Act guide.

5. 5
   The respondent’s employer and hours

   A workplace, a role and a daily pattern. Identifying under the Act, and a safety concern in its own right. Privacy Act guide.

6. 6
   The allegation and a police event number

   An account of the father’s conduct, a child’s reported words, and a police reference. The paragraph that would do the most harm if it ever reached the public. Rule 9 confidentiality guide.

7. 7
   A child’s psychologist and a report

   Sensitive health information about a child, and a named practitioner. Among the most protected information under the Privacy Act. Privacy Act guide.

8. 8
   The orders sought

   The client’s case, in full. Confidential under rule 9 and drafted from privileged instructions. Legal privilege guide.

9. 9
   The solicitor

   Ties the affidavit to a practitioner bound by rule 9 and by the court’s rules. Law Society AI guidance.

What happens in Frontier Models (ChatGPT, Claude)

• The whole document is transmitted to the provider’s servers. On personal plans the user cannot choose where it is stored or processed, and for the major providers that has generally meant outside Australia, under that country’s legal process. Some business plans offer storage in Australia, but the provider still receives the content.
• On consumer tiers, prompts can be retained and used to train future models.
• The provider’s staff and systems can reach the content under the provider’s own policies.
• Once sent, the firm no longer controls it. Retention and deletion happen on the provider’s terms.

The same document on Ermos

Part of AI data leakage in law firms. See how this works in practice: Court documents on Ermos.

Common questions