Evidence in family law can take many forms, depending on the issues before the court.

Common types include:

• Documents: bank statements, medical records, school reports, text messages, emails, and financial disclosure documents.
• Affidavits: written statements that set out a person’s version of events, signed and sworn to be true. These are a primary way parties present their evidence.
• Witness testimony: in some cases, third parties such as teachers, doctors, or family friends may give evidence.
• Expert reports: for example, property valuations, psychological assessments, or family reports prepared by court-appointed experts.
• Photographs, recordings, or digital communications: but only if obtained lawfully and relevant to the case.

Family law requires full and frank disclosure, particularly in property settlement cases. This means both parties must provide all relevant financial documents, even if they do not favour their position.

Evidence is usually presented through affidavits and supporting documents filed with the court. In some hearings, especially interim or trial hearings, parties may also give oral evidence and be cross-examined.

When expert input is needed, for example, valuing a business or assessing parenting capacity the court may appoint an independent expert, or parties may agree to jointly instruct one.

Many people make mistakes with evidence in family law matters.

Some of the most common pitfalls include:

• Relying on irrelevant material: The court only considers evidence that directly relates to the issues. Emotional or unnecessary details can weaken a case.
• Submitting unlawfully obtained recordings: For example, secret recordings of conversations may not be admissible and can cause more harm than good.
• Not providing full disclosure: Holding back financial information can result in penalties, and may damage credibility.
• Using affidavits as arguments: An affidavit should be factual, not filled with opinions or speculation.
• Overloading the court with unnecessary documents: More is not always better; evidence should be clear, concise, and relevant.

The court’s role is to make decisions that are just, fair, and in the best interests of children where parenting matters are concerned. Reliable, properly presented evidence gives the court the tools to do that. By focusing on relevant facts, parties help ensure their case is heard fairly and efficiently.