AI being used to manipulate divorce, custody outcomes

Some examples of falsified digital evidence includes deepfake audio and video, AI-generated photos and messaging apps that allow its users to edit conversations

Published Sep 20, 2026  •  2 minute read

Young woman using cell phone to send text message on social network at night. Photo by diego_cervo /Getty Images/iStockphoto

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For many, divorce can be a messy thing, with text messages, social media posts, photos, voicemails and the like being trotted out to portray an ex in a negative light.

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But courts are seeing a disturbing increase in cases where digital evidence is doctored as fake images and posts are increasingly being used in custody and divorce proceedings.

So if a couple parting ways or fighting over custody and assets weren’t daunting enough, the added concern of possible AI manipulation and deepfake technology to the mix is more than a little troubling.

“Family law is deeply personal and emotionally charged and using digital evidence has become a major component of evidence gathering when going to court over a contentious divorce or a parenting dispute,” Christopher Yu, a partner at Shulman & Partners LLP, said.

“The use of a screenshot of a text message, a photo, a voice recording has become quite prolific and made easy with the advance of technology and smart phones.”

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Yu noted the rise in “the authenticity and accuracy of the evidence being submitted.”

What kinds of evidence is being faked?

Some examples of falsified digital evidence includes deepfake audio and video, AI-generated or AI-altered photos and messaging apps that allow its users to edit or fabricate conversations.

Yu believes that Ontario family courts need to adapt as technology continues to quickly evolve and become more sophisticated and accessible.

“Judges, lawyers, and litigants alike need greater sophistication to properly evaluate digital evidence,” he urged.

What cases are notably impacted?

“In high-conflict disputes where the parties are often motivated to present the other in the worst possible light, this may prove quite dangerous.”

Unfortunately, these disputes are where digital evidence most commonly appears as far as family law goes.

Courts typically look at authenticated, relevant spousal evidence to evaluate behaviour patterns, assess credibility, and resolve factual conflicts.

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While a lawyer can bring forward some sort of digital forensic analysis to challenge the credibility of what is believed to be doctored evidence, timing is of the essence.

“What we are seeing is a fabricated screenshot or an altered photo can be used to argue that a person is unstable, dangerous, or unfit, long before there’s any opportunity to properly test that evidence,” Yu explained.

“This is an active problem,” he continued. “We see it happening in cases right now and it needs to be corrected to prevent distorted family court outcomes.”

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