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Imagine being involved in a high conflict divorce case where you are seeking full custody of your children. You have diligently followed your attorney’s and counselor’s advice to document all texts, emails, and record observations consistently.
Yet, when you go to court, your ex presents:

• AI generated fake texts that make you look unstable and abusive.
• Fake social media posts that show you shoving your children
• Fake images of bruises on your children.

Unfortunately, this isn’t just an imagined scenario. It is a reality where people are using AI and other technological tools to falsify evidence in high conflict divorce and custody cases.

Falsified Audio Evidence Nearly Costs a Father Custody of His Children in a High-Conflict Divorce in the UK

In the past, some litigants resorted to falsifying bank statements or other records related to assets during divorces, but now, with the sophistication of AI, people are falsifying video, audio, social media posts and other documentation to support false allegations of spousal and child abuse.
For instance, a woman in the UK used a fake audio recording that made it appear as if her husband was making direct and violent threats toward the woman. 

When forensic analysists hired by her husband’s law firm examined the recording, they determined it had been manipulated to include words not actually used by the father. 

AI audio tools now allow people with little technical skill to easily clone a voice to manipulate audio evidence.

Analysis of the metadata of the voice recording revealed that the audio had been altered at a time later than when the recording was originally made. The court determined that the audio recording was fake evidence.

Yet, if the husband’s attorneys had not been able to technically refute the validity of the evidence, it could have negatively impacted the man’s custody rights and other decisions in the divorce case.
Fortunately, the man was able to afford the costly forensics analysis of the metadata, but many people cannot afford this type of deep analysis that can cost anywhere from $50,000 to $200,000, not including the fees for expert testimony to present the analysis to the court.

How the Issue of AI-Faked Evidence Impacts Parents Who Have Authentic Evidence of Abuse

1. If a spouse or partner claims the evidence of abuse is not real, it puts the burden on the parent who is making the accusation to hire a digital forensic expert to validate the evidence.
2. The cost of hiring digital forensics experts can be prohibitive for many parents, particularly those already financially strained by custody and divorce proceedings. For parents who cannot afford these services, their evidence of abuse may not be considered by court, and this can lead to children remaining in abusive situations.
3. Authentication processes can significantly extend case timelines potentially putting children who are being abused at continued risk of harm as legal proceedings get pushed further into the future.
4. Shortage of forensic experts to validate evidence: There aren’t enough digital forensic experts available to review evidence. This scarcity drives up costs and creates delays in case resolution.

Documentation Strategies for Parents Who Suspect or Have Observed Child Abuse

No matter which software and hardware tools you use to document evidence, take care to create:

• Consistency with how you use documentation tools.
• Tamperproof storage and retrieval methods to help preserve the chain of custody of evidence.
• Preservation of meta data related to time and date stamps, location and other data that can be used to authenticate evidence. Make sure all of your computers, tablets, phones and other devices are set to preserve meta data.

It’s also important to use tools such as OurFamilyWizard and AppClose that courts already recognize as authentic and tamper proof to create a verifiable trail of documentation or evidence.
These additional strategies can also help.

Use Multiple Verification Methods

• Cross-reference entries between court-approved apps such as OurFamilyWizard and AppClose.
• Include witness corroboration when possible.
• Document incidents immediately as they occur with tools that contain tamperproof metadata such as timestamps.

Photo Documentation

• Use apps and devices that preserve original metadata, including date and time stamps for video and photographs.
• Include contextual information in the shot that can help to verify authenticity like photographing an injury with a witness in the shot who can verify that they saw you take the photo.
• Capture multiple angles when documenting physical evidence.
• Store originals in multiple secure locations online and offline on external drives ,as well as on devices.

Communication Documentation:

• Screenshot concerning messages using forensic-grade capture tools such as Foxton and Pagefreezer.
• Use court-approved communication platforms exclusively with your ex.
• Maintain consistent documentation patterns.

Ask medical professionals to use MedCapt which enables clinicians to document forensic medical evidence as well as capture and securely store forensic photographs of injuries.
Get in the habit of backing your vital files, browsing history on devices, to a flash drive others cannot access so a forensic professional can pull original information from that drive.

Be mindful of the data on devices like ring cameras which can be hacked and altered and avoid tracking software which can be also hacked and used against you.

If you suspect that you might be at risk for someone creating fake alcohol or drug test results, get a regular PETH, a test that assesses certain alcohol metabolites and regular drug. Save results to a flash drive so forensic professionals can pull that information to verify authenticity.

Consult with Attorneys Who Have Experience with the Challenges of AI-Generated Evidence

As AI becomes increasingly more sophisticated, its intersection with family law is creating unprecedented challenges for parents to navigate an increasingly complex evidentiary landscape, and for attorneys and judges to discern which evidence is authentic.

Now more than ever, it’s important to work with attorneys who understand how to navigate these complexities so that technological advances are not weaponized to protect or enable abusers or used to penalize victims due to authentication costs.

Are you facing a high conflict divorce with an ex who might produce fake evidence against you? Or are you a parent worried about proving abuse of yourself or children? Contact us today for a free consultation to explore your options.