Family Law
Process.

When you’re involved in a family law case—whether it’s about parenting, property, or spousal maintenance—the court makes decisions based on evidence, not just claims or accusations. But what kind of evidence counts? And what gets left out?

Here’s what you need to know in plain English.

Evidence is information or documents presented to the court to support your side of the story. It helps the judge understand the facts of the case and make a decision that’s fair and in line with the Family Law Act 1975.

You can give evidence in different forms:

• Written evidence (like affidavits or letters)

• Documents (like financial statements, school reports, medical records)

• Oral evidence (what you or witnesses say in court)

• Expert reports (from psychologists, doctors, or property valuers)

• Photographs, videos, text messages or social media posts

What’s Important in Family Law Evidence?

The most important thing is that your evidence is relevant, truthful, and supports your claims. Here are some examples of strong evidence:

Parenting Cases

• School records showing attendance or behavioural issues

• Medical or psychological reports about a child’s wellbeing

• Text messages or emails showing co-parenting difficulties

• Photos or videos of family interactions or conditions in the home

• Statements from third parties (teachers, doctors, family members)
  
  Example

 You’re applying for more time with your child. You might show messages where your ex constantly cancels visits, or a school report showing your child is happier when they spend time with you.

Property Settlements

• Bank statements and loan documents showing financial contributions

• Invoices or receipts for renovations or joint expenses

• Superannuation statements and business records

• Proof of gifts or inheritances (if relevant)

Example: You want credit for paying most of the mortgage. Showing years of bank statements with your salary being used to cover the repayments helps build your case.

Spousal Maintenance

• Your income and expenses (via a financial statement)

• Evidence of your ex’s earning capacity

• Medical certificates showing why you can’t work

• Childcare costs or household bills you can’t cover alone

What Is Not Admissible?

Some types of evidence might seem important to you but aren’t allowed in court:

• Hearsay: You can’t rely on what someone else told you unless they provide a sworn statement or appear in court.

• Secret recordings: In most cases, secretly recording someone without their knowledge may be illegal and inadmissible (especially in parenting cases).

• Opinion evidence: You can’t give expert opinions unless you’re qualified (e.g., a psychologist or accountant).

• Irrelevant personal opinions: Emotional rants or insults don’t help your case—judges need facts, not feelings.

How to Present Evidence

You usually present your evidence in a document called an Affidavit—a written statement of facts that you swear or affirm is true.

Tips for writing effective evidence:

• Be specific: Include dates, places, and facts—not vague accusations.

• Be factual: Stick to what happened. Don’t exaggerate.

• Be organised: Group similar topics (e.g., parenting, finances, housing).

The court may also request supporting documents like payslips, text messages, or even medical records. Attach these to your affidavit if allowed.

Can Children Give Evidence?

Children generally don’t appear in court or give evidence themselves. Instead:

• An Independent Children’s Lawyer (ICL) may be appointed to represent their interests.

• A Family Report may be prepared by a psychologist or social worker who interviews the children.

These professionals speak on behalf of the children and provide the court with insights into what’s best for them.

Do You Need a Lawyer to Present Evidence?

Not necessarily—but it helps. A lawyer can:

• Help you draft strong affidavits

• Advise on what’s admissible

• Cross-examine witnesses for you

• Make sure your evidence complies with court rules

If you’re representing yourself, get help from community legal centres or the Family Court’s website, which provides affidavit templates and guidance.

Final Thoughts

Evidence is what the court relies on—not emotions, opinions, or hearsay. To make your case stronger:

• Be honest and factual

• Gather documents early

• Stay calm and stick to the facts

Whether you’re sorting out parenting arrangements or dividing assets, the right evidence can make all the difference.