Casewell
How to read this in Australia
A record earns its weight by staying factual. Note what was planned, note what took place, and attach the file or message that supports the note.
Start from the parenting order, plan or written agreement now in force. Most family law here is federal, though Western Australia follows a different court path in some cases. Use the words that appear in your own papers.
Keep the good days in the private record alongside the difficult ones. When a review is needed, select only the entries that answer the question in front of you. That is what lets an Australian family lawyer find the key facts quickly.
What the court will actually read
In the Federal Circuit and Family Court of Australia, most evidence is presented by affidavit. The court's fact sheet calls an affidavit the main way you present evidence. An affidavit is a written statement you swear or affirm is true. There is only limited chance to tell your story out loud in court.
Those affidavits have usual page and annexure limits, subject to express leave. Rule 5.08 of the Family Law Rules limits an affidavit that supports an interlocutory application. That is an application for orders before the final hearing.
| Court division | Pages per affidavit | Attached documents per affidavit |
|---|---|---|
| Division 1 | 25 | 10 |
| Division 2 | 10 | 5 |
Unless the court gives permission, you can rely on one affidavit from yourself. Each witness can give one too, but only if their evidence is relevant and you cannot give it yourself.
If you refer to a document in your affidavit, attach a copy at the back as an annexure. Five go quickly. A message thread, a school email, two receipts and a medical letter, and you have run out.
So the most useful thing an app can do is help you leave things out. Storing 3,000 screenshots isn't hard. Picking the six entries and three files that prove one point is the real job. The court-ready reports page shows how that works in Casewell.
These limits are FCFCOA rules. The Family Court of Western Australia has its own rules and forms. If you are in WA, check the local limits first.
Entries that stick to the facts
The same fact sheet says an affidavit should set out facts, not your beliefs or views. It also says to avoid, where you can, things you only know because someone told you. Family law has some exceptions, so ask a lawyer before relying on one.
A blank note field makes this harder. At 11pm after a bad changeover, it fills up with the anger and guesses an affidavit has to cut out. A better app asks for the parts separately. When it happened, who was there, what you saw or heard, and how you know.
Section 102NL of the Family Law Act provides that the usual rules of evidence are not binding in parenting proceedings unless the court decides otherwise. The court then decides how much weight to give the evidence.
So the question is usually how much your note is worth, not whether it gets in. A note written the same evening, in plain words, with the message attached, carries more than a summary rebuilt from memory months later.
Your journal may have to be handed over
This rule should change how you write every entry. The FCFCOA's disclosure brochure says the duty to disclose applies in parenting cases too.
Rule 6.05 says each party must make full and frank disclosure of everything relevant to a parenting case. That means sharing it with the other side. The brochure gives examples. Medical reports, school reports, the child's letters and drawings, photographs and a diary.
Rule 6.01 covers records on a phone or computer as well as paper. The duty starts before a case is filed and lasts until it ends. It covers documents in your possession, power or control. Each party signs an undertaking about it before the first court date. Breaking that promise may be contempt of court.
The penalties are serious. The court can refuse to let you use a document you did not disclose. It can dismiss all or part of your case or order you to pay costs. Contempt can lead to a fine or prison.
- Write for two readers. Assume the other parent and a judge will both read each entry.
- Ask before deleting. Once a dispute has started, talk to your lawyer before removing anything.
- Treat a PDF as a working copy. Your lawyer decides what gets disclosed. A Casewell report also says how many matching records were left out of the selection.
Dates and edits that stand up to questions
The first question about a written record is often not about the event. It is about when you wrote it. A good app answers that on the page itself.
Check the exported PDF for three things.
- Two dates per entry. When the event happened and when you wrote it down.
- Rough dates marked as rough. If you only remember the week, the page should say so.
- Edits shown. Fixing a typo is normal. A record that changes without a trace is the one people stop trusting.
Casewell prints Event occurred on and Recorded on for every exported entry. If you edit an entry later, the PDF says it was edited after recording and shows how many saved revisions there are. Before you export, it also tells you how many entries were added after the day they happened. That gives you a chance to explain the gap first.
Posting about your case can be a crime
Australia has a strict rule about publishing family court cases. It catches parents who think they are only asking for support.
Section 114Q of the Family Law Act makes it an offence to share an account of a family law case with the public if it identifies someone. That includes a parent, a witness, or anyone related to or connected with a parent. The maximum penalty is one year in prison. Posting online and on social media counts.
Someone can be identified without their name. The Act gives examples like a photo, an address, where a person works, or how they are related to someone named. A screenshot with a profile photo can be enough.
Section 114S sets out what does not count. A private conversation with your family or friends does not count. So is giving a document to someone involved in the case, or to legal aid when they decide whether to fund you. A public post or a large online group is different. The Act treats a section of the public as the public.
That affects the app you choose. Pick one where the record stays on your phone until you decide to export it. Send exports to your lawyer, not to social media. If the court has made an order about what can be shared in your case, follow it.
Private record app or shared co-parenting platform
The two kinds of app do different jobs. Many parents end up using both.
A shared platform such as OurFamilyWizard is built for both parents to join. Messages, calendars and expenses sit in one place you can both see. That can suit parents who can keep day-to-day contact to one channel.
A private record app is built for one parent. It holds your notes, the files that back them up and your own expense records. It does not depend on anyone else joining or keeping an account open. Your record is yours alone.
Messages on a shared platform are already dated there. Everything else still needs a home. A late changeover, a call from school, a doctor's visit or a receipt. A private record app can hold those, with screenshots of the relevant messages attached to the entry they explain.
What to leave out after mediation
Family dispute resolution can include mediation. Parents generally have to attempt it, or qualify for an exemption, before applying for parenting orders. Section 10J of the Family Law Act says that, subject to statutory exceptions, what anyone says or admits in family dispute resolution cannot be used as evidence in court. The exceptions include certain disclosures that a child has been abused or is at risk.
The FCFCOA fact sheet also tells parents not to mention anything said in dispute resolution or settlement talks in an affidavit.
So record that a session took place, and whether a section 60I certificate was issued. Leave out what was said in the room.
Where the app keeps your records
Australian privacy law may not cover the company behind your app. The OAIC explains that the Privacy Act generally applies to organisations with an annual turnover above $3 million. Smaller businesses are generally outside it. There are exceptions, such as health service providers and businesses that trade in personal information.
Many family law apps are run by small teams. So the privacy policy may be the only promise you get. Before you put a child's medical letter or a safety concern into any app, the policy should answer four questions.
- Are the records and files stored on your phone or on the company's servers?
- Can anyone at the company open them?
- How do backup and restore work if your phone is lost or replaced?
- What can you still open or export if you stop paying?
Casewell says sensitive record payloads and imported attachment files are encrypted in its on-device vault by default. Some non-sensitive index fields remain available for sorting and filtering. Its privacy policy says record content is not automatically uploaded or shared, although limited analytics, purchase, support and optional AI services may process information, and exports are shared when you choose. Test the backup answer for yourself with any app before you rely on it, Casewell included.
A two-week test before you commit
Casewell has a 14-day free trial. Use the checks below to compare an app's entry, export and privacy features before choosing. If an app offers a trial, try the steps during that period. Otherwise, ask the provider about a demo.
- Log three real events from this week. Attach a screenshot to one and a receipt to another. Give the third a rough date.
- Edit one entry the next day.
- Export one child, one category and one week as a PDF.
- Open the PDF on a computer and count the pages. Would it fit in a 10-page affidavit with room for your own words?
- Check that each entry shows when it happened and when it was recorded.
- Check that the edit from step 2 is visible on the page.
- Check that each file is named, so it is easy to attach and refer to.
- Read the privacy policy against the four questions above.
These checks help you compare how each app handles an entry and export. Take the PDF to an Australian family lawyer as a working timeline. Let them decide what goes into an affidavit, what must be disclosed and what stays private. Our guide to getting ready for a lawyer covers what to bring to that first meeting.
Your state, territory and court matter
Most Australian family law is federal. Western Australia is the exception, with its own Family Court. Say where you live and which court is involved. Be clear whether your arrangement is a parenting order, a parenting plan or a written agreement, and use its exact words. Keep court papers, family dispute resolution records and everyday notes in separate folders.
Before you share your record
Everything above is about keeping your own record. Before you show any of it to someone else, a few extra steps help.
Work from a copy when someone needs to review the record. Include the current order or plan, a short timeline and a few clearly named files.
Check your current orders and the court rules before you send anything. An Australian family lawyer can tell you what belongs in an affidavit and what should stay private.
Say which state or territory you are in and which court is involved. Take extra care in Western Australia, which has its own Family Court.
A private record that fits an Australian affidavit
Casewell keeps each dated entry with the screenshot, receipt or file that supports it. It shows when the event happened and when you recorded it, and marks later edits. When you need a review, filter by date range, child and category, and export a focused PDF for an Australian family lawyer.
Is there a court-approved documentation app in Australia?
No. The Federal Circuit and Family Court of Australia does not approve or certify record-keeping apps. The court works from affidavits and the documents attached to them. The same rules apply whichever app produced your notes. Choose an app for how well its exports fit those rules.
How much of my app record can go into an affidavit?
Less than most parents expect. Under rule 5.08 of the Family Law Rules, an affidavit for an interlocutory application is normally limited to 10 pages and five annexures in Division 2. In Division 1 it is normally limited to 25 pages and 10 annexures. The court can give express permission to go over. Keep the full record privately and pick the few entries that prove each point.
Do I have to give the other side my private journal?
It may have to be disclosed. Rule 6.05 says each party must make full and frank disclosure of everything relevant to a parenting case. The FCFCOA brochure lists a diary as an example. The duty covers records on your phone too. Ask your lawyer what must be disclosed, and write every entry as if the other parent will read it.
Can I post my records or screenshots in a Facebook group?
Be very careful. Section 114Q of the Family Law Act makes it an offence to share an account of a family law case with the public if it identifies someone. The maximum penalty is one year in prison. Social media counts, and a photo or workplace can identify someone. Private talks with family or friends do not count. A public or large group may not be. Get advice before posting anything.
Should I record what was said at family dispute resolution?
Record that the session happened, not what was said. Section 10J of the Family Law Act says that, subject to statutory exceptions, what is said or admitted in family dispute resolution cannot be used as evidence in court. The exceptions include certain disclosures that a child has been abused or is at risk. The FCFCOA also tells parents not to mention those discussions in an affidavit.
Does it matter where a documentation app stores my records?
Yes. The Privacy Act generally applies only to organisations with an annual turnover above $3 million. A small app company may not be covered. Read the privacy policy too. It should say where records are stored, who can open them, how backup works and what you keep if you stop paying.
Is this a court form or affidavit?
No. It explains how to keep your own factual record. Court rules and your lawyer decide how any of it is prepared or used in a case.
Sources
Rules and sections named here are federal and apply in the Federal Circuit and Family Court of Australia unless stated. The Family Court of Western Australia has its own rules. This is a documentation guide, not legal advice.
- FCFCOA: Preparing an affidavit, including the rule 5.08 limits
- FCFCOA: Duty of disclosure, including Rules 6.01, 6.02 and 6.05
- Family Law Act 1975 (Cth) sections 10J, 102NL and 114Q to 114S
- OAIC: Rights and responsibilities under the Privacy Act
- Casewell: Court-ready reports
- Apple App Store (Australia): Casewell
- Australian Attorney-General's Department: Parenting arrangements after separation