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Australian Family Law — General Information

What evidence helps in a custody case?

Short Answer

Useful evidence includes communication records, school and medical records, witness statements, and documentation of your involvement in your child's life.

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The Legal Position

Evidence must relate to the factors in s 60CC including parenting capacity, the child's relationship with each parent, safety concerns, and practicality. Communication records (texts, emails), school reports, medical records, and witness statements are all relevant. Evidence must comply with the Family Law Rules and be included in a proper affidavit.

Family Law Rules 2021 (Cth)
s 60CC Family Law Act 1975 (Cth) — factors the court considers

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Reports and allegations as evidence

Family court subpoenas and evidence gathering

Message records and tone interpretation

Documented communication as evidence

Start collecting and organising evidence early — it is harder to gather later.

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