Contents
- 1 Is It Safe to Use AI for Child Arrangement Advice?
Is It Safe to Use AI for Child Arrangement Advice?
Section 1(1) of the Children Act 1989 makes a child’s welfare the court’s paramount consideration in every child arrangements (formally known as custody and access) case in England and Wales. An AI tool cannot weigh the welfare test against a family’s real circumstances. They also cannot assess safeguarding risk, coercive control, or how a judge will read the evidence in a specific case. Parents facing a child arrangements dispute should always seek advice from an experienced family law solicitor.
Last reviewed: 21st July 2026
Article summary
✓ Under the Children Act 1989, the child’s welfare is the court’s paramount consideration, and assessing what that can mean in any individual case requires human judgment that AI tools cannot provide.
✓ AI tools cannot spot safeguarding issues, coercive control, domestic abuse, or the emotional pressure points that often shape children cases.
✓ CAFCASS safeguarding work and section 7 reports can influence the outcome of a dispute, so preparation and response need experienced legal advice.
✓ In D (A Child) (Recusal) [2025] EWCA Civ 1570, the Court of Appeal warned that AI-generated submissions had introduced false authorities into proceedings about a child’s welfare.
✓ Purcell Solicitors are a team of experienced family specialists who can provide high quality legal advice regarding child arrangements. They also offer a full mediation service, including
child inclusive mediation through accredited mediator Lisa Buckridge.
Introduction
Parents often want fast answers after separation and with the cost of living crisis paying for legal advice is an expense many wish to avoid. That helps explain why, in particular given the recent developments in AI, some turn to AI tools for guidance on where a child should live, how contact should work, or whether court is necessary.
The difficulty is that children disputes are fact-sensitive, emotionally charged, and tied to safeguarding. A chatbot can restate legal principles, but it cannot assess risk, test evidence, or judge how a court is likely to view one family’s circumstances. Often, the answer you receive comes down to the prompts are you using,and AI tools have a known positivity bias. This means they provide you with the answer they think you want, rather than look at your situation with impartiality and knowledge of similar family situations. In addition there are considerable privacy concerns with AI. What sensitive information are you uploading about your children and your case which could breach confidentiality of proceedings and in any event gives your sensitive data and information to who knows who.
Despite all the promises and advantages it provides, AI is often unreliable, and specialist advice is still needed in all children’s law matters.
The Law Around Child Arrangements
If separated parents cannot agree on arrangements for a child, the Family Court can make a Child Arrangements Order under section 8 of the Children Act 1989. The order can deal with where a child lives and when the child spends time with another parent or family member.
The court starts with section 1(1) of the Children Act 1989. The child’s welfare is the court’s paramount consideration.
The court then applies the welfare checklist in section 1(3). This includes the child’s wishes and feelings, considered in light of age and understanding, physical and emotional needs, the likely effect of any change, any harm suffered or risk of harm, and each parent’s ability to meet the child’s needs.
No one factor outweights the other. The court weighs the evidence as a whole and decides what outcome best serves that child’s welfare – it is what is in the best interests of the child and where parents cannot agree this then ultimately it falls to someone else to decide -whether a qualified Arbitrator or a Judge. AI cannot and should not replace any human in making those often highly nuanced decisions which are fact and case specific as each child and family are different.
Where AI Falls Short
In my experience, the structure of the welfare checklist can give a false sense of certainty. In practice, two cases that look similar on paper can turn in different directions because the evidence does not land the same way, no two families are the same.
That matters in cases involving domestic abuse, coercive control, parental alienation allegations, mental health concerns, or entrenched communication problems. As solicitors, we can advice on what needs evidence, what may damage a case, and what a judge is likely to treat with caution.
A chatbot or AI tool cannot properly interview a client, read between the lines, or identify when a calmly written account hides fear, pressure, or risk.
CAFCASS and Section 7 Reports
In private law children matters before the Court, CAFCASS carries out safeguarding checks at the start of proceedings. In more complex cases, the court may ask for a section 7 report.
That report, prepared by a professional (CAFCASS, the Local Authority or an independent social worker) involves discussions with the parents, the child, and in some cases the school, GP, or other professionals, and thereafter they provide recommendations to the court. Judges do not just blindly follow those recommendations, but they carry substantial weight.
If a report is inaccurate, incomplete, or based on a misunderstanding, the response has to be careful and evidence-led. That is not a job for a generic AI answer.
What the Court of Appeal Said About AI
In D (A Child) (Recusal) [2025] EWCA Civ 1570, the Court of Appeal considered AI-generated legal submissions in which is transpired contained authorities which did not exist.
The court made clear that anyone relying on case law in children’s proceedings must ensure the authorities are real and accurately cited and highlighted the concerns regarding the growing number of reports of “hallucinations” from AI infecting legal cases either citing cases for saying things they don’t say, or citing cases which just don’t exist at all,
That warning lands hard in child arrangements litigation, where mistakes can waste time, increase costs, and distract the court from the welfare issues that actually matter.
What a Solicitor Adds
A good Family Law Solicitor does more than advise on the law. They test the strength of a proposed case, identify evidential gaps, and tell a client when a point is weak, providing objective advice and will tell you honestly about the merits of your particular case including where the answer may be “I don’t know” which an AI bot is trained not to do- this is why they hallucinate – they will give a false answer rather than no answer.
An experienced practitioner understands the value of non-court dispute resolution and how it can help parents resolve any dispute in a non-confrontational and respectful way. In addition, it will advise you fully regarding all options. They are also alive to where, in some cases, urgent protective action is needed by way of a Court application
That kind of judgment comes from experience with real families and real hearings. It cannot be produced by prompting a chatbot more carefully.In addition you know that the advice you are given by a solicitor in legal practice is protected by confidentiality and legal privilege.
Child Inclusive Mediation
Some disputes can be narrowed without a final hearing. Child-inclusive mediation may help, where it is safe and suitable to hear, through a trained mediator, how the child is experiencing conflict.
Speak to Purcell Solicitors
At Purcell Solicitors, we advise parents in Milton Keynes, Buckinghamshire, Northamptonshire, Bedfordshire, Oxfordshire, and the wider Thames Valley on all aspects of children’s law, including child arrangements. Advice can be given in person or remotely.
Frequently Asked Questions
Do I need a solicitor to apply for a Child Arrangements Order?
No. A parent can make an application without representation. Even so, the process can become difficult quickly when allegations are disputed, CAFCASS is involved, or the evidence is not straightforward.
What does CAFCASS do in private law children cases?
CAFCASS carries out safeguarding checks and, where directed, can prepare a section 7 report for the court and can invite parents in proceedings to attend a free “Planning Together for children” course where appropriate. That work can shape how the case proceeds and what orders the court is asked to consider. They have also got free resources to assist parents outside of Court (such as their parenting plan portal – “our child’s plan”).
Can AI help me draft a parenting plan?
Whilst AI can help produce a rough first draft, you must be careful where and what information you are providing and to whom. Any documents prepared with AI should not be treated as tailored legal advice, and it should not be relied on without checking whether the plan fits the child’s circumstances and the legal position.
What if the other parent breaches a Child Arrangements Order?
The court has enforcement powers, but the right response depends on the facts. Early legal advice helps decide whether enforcement, variation, or another step is most likely to work.
What is child inclusive mediation?
It is a form of mediation in which a specially trained mediator can speak with the child, if appropriate and if the parents and child agrees, so that the child’s wishes and feelings can inform the process between the parents. This is offered where children are 10 or over (although in some cases younger children can be included). The purpose of child inclusive mediation is not to ask the child to make any decisions or to asked specific questions that the parents want asked in order to determine a dispute but simply to give the child, if appropriate, the opportunity of a safe space to have a confidential discussion with a trained mediator as to what their wishes and feelings may be and how they are experiencing the current situation. Anything agreed with the child can then be fed back to the parents to then help the parents make the decisions they need to, in the knowledge of the information fed back. If either parent are seeking to use this process as a way of validating their position or seeking the put the pressure of decisions onto a child it is unlikely to be appropriate.
Director – SRA number: 494434
Lisa Buckridge is a Director at Purcell Solicitors and has over 20 years of experience in family law. She qualified in the early 2000s and became a director of the firm in October 2015. She holds accreditation as a Family Mediation Council-accredited Mediator, obtained in 2022, and is one of a small number of lawyer-mediators qualified to carry out Child Inclusive Mediation. She is also a trained collaborative lawyer and hybrid mediator.
Lisa handles the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and cohabitation disputes. Her referrals come principally from solicitors, including London-based practices, the local judiciary, and former clients, a pattern that reflects her standing in the field. She has worked on cases involving a terminal health diagnosis and cases in which the opposing party was a specialist family law barrister.
Chambers and Partners ranks Lisa in Band 3 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. She has also been spotlighted specifically for her mediation practice in the Family/Matrimonial Mediators: Thames Valley category. Chambers describes her as “an excellent solicitor who robustly and effectively represents her clients’ interests” and as “incredibly clever” with the ability to “construct cases perfectly”.
Her reported cases include Re R (a child) EWCA Civ 35, in which the Court of Appeal held that a judge had erred by failing to properly evaluate a child’s wishes or to hear evidence from a CAFCASS officer before departing from that officer’s recommendation. She also acted in Scotching and Birch EWHC 844 (Ch), a case concerning burial arrangements and letters of administration following the death of a child; the case has since been cited in several academic papers and journal articles.
Lisa is a member of Resolution and is regulated by the Solicitors Regulation Authority (SRA number: 494434). She can be contacted at lisa@purcellsolicitors.co.uk.