Check whether your records are ready to review
Mark what is genuinely complete. The score is a planning check, not an assessment of legal strength, relevance or admissibility.
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Prioritize next
A useful next step
Organise the records still missing from this checklist
Casewell keeps dated entries, supporting attachments and exportable reports together in one private custody journal.
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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 everyday 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.
State, territory and pathway checklist
Name the state or territory and the court registry. Say if the plan is an order, parenting plan, or written deal. Use the words from that paper. Flag any Western Australian court path for legal review. Keep court papers, dispute help records, and daily notes in separate groups.
The eight categories
- Orders and agreements: current custody order, parenting plan, informal written agreements, relevant emails where terms were agreed.
- Parenting time records: your log of scheduled vs actual time, missed exchanges, makeup time. See how to prove parenting time.
- Messages records: major texts and emails, kept as screenshots plus originals. A running messages log.
- Expense records: child-related costs with receipts, who paid, repayment requests and outcomes.
- School records: attendance, report cards, teacher messages, who attended conferences and events.
- Medical records: appointments, who scheduled and attended, treatment decisions, insurance issues.
- Photos and video: dated, with context โ what it shows and why it matters.
- Witness information: names and contact details of people who observed relevant events (teachers, coaches, neighbors, family). Note what each actually witnessed.
Preservation rules that prevent regret
- Keep originals. A screenshot of a text is a copy. The thread on the phone is the original. Don't delete threads, emails, or photos after taking a working copy.
- Back up. Use a device backup plus a second appropriate location for critical items.
- Keep metadata. Original photo files may carry timestamps and other metadata that an edited or re-saved copy may lose.
- Record the source date. An undated image or document is harder to place in a timeline.
- Check before recording calls. Rules on recording conversations vary significantly between legal areas and circumstances. Before recording, get qualified local advice or use an official local source. This checklist cannot decide whether a recording would be lawful.
Organizing for review
Clear records are faster to review. Within each type, order items chronologically and label each item with a date plus one line of context, such as "2026-03-06. Complete message thread about a late pickup." Then keep a master timeline of major events across types. A lawyer, solicitor, mediator or adviser can use that timeline to locate the detailed source.
This is what Casewell supports. Entries are categorized and dated as you go, files stay connected to events. Also, the export produces the filtered timeline, expense summary or selected record set that this checklist builds by hand.
What not to bring
Volume alone isn't strength. A large unsorted export takes longer to review and can hide the events that answer the actual question.
Avoid material with no clear connection to the child-focused issue or selected date range. Do not access accounts or material you aren't entitled to access. When relevance or lawful access is uncertain, ask a qualified local expert before including or sharing the item. See preparing custody evidence for the fuller planning process.
An Australian review note
A practical custody evidence checklist โ the eight record types worth gathering, how to keep originals, one recording-law warning, and how to organize it all for review. Sharing any of it in Australia takes a few more steps.
Work from a copy when someone needs to review the record. Include the current order or plan, a short timeline and a small set of named source files.
Check current court orders and rules before you send the pack. An Australian family lawyer can say what belongs in an affidavit, annexure, or private file.
Name the state, territory, and court path. Take extra care in Western Australia. A national guide cannot set the right court step for every case.
What evidence matters most in custody cases?
Courts focus on the child's best interests. So evidence about parenting time actually exercised, involvement in school and medical care, messages patterns, and the child's daily welfare often matters more than grievances between parents.
Can I record phone calls with my co-parent?
The rules vary between legal areas and circumstances. Check an official local source or get qualified local advice before recording any call or conversation.
How should I organize custody evidence for my attorney?
Organize by type and date, give every item a stable reference and one-line neutral description, and add a focused timeline of the key events.
Is this a court form or affidavit?
No. It is a method for keeping a private factual record. Current court rules and expert advice decide how material is prepared or used in a proceeding.
Sources
Federal family law supplies the broad framework, while Western Australia and some related processes have distinct pathways. The official source gives orientation only. This page is a records guide, not legal advice.

