Custody evidence checklistfor Canadian parents

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.

The review question and date range are definedA focused pack is easier to review than an unlimited archive.Current orders, plans or agreements are includedKeep the complete current version and identify the relevant clause.Key events appear in a dated chronologyEach summary row should point to a detailed record or source.The record includes ordinary events as well as problemsA selective conflict-only log can hide useful context.Original messages, photos and files are retainedWorking copies should never replace the original source.Screenshots and excerpts preserve surrounding contextInclude enough of the thread for a reader to understand the exchange fairly.Every attachment has a stable filename or IDUse the same reference in the chronology, note and evidence index.Each item states what it supports and its limitationA receipt can show a purchase without proving that reimbursement was agreed.Unknown, disputed and corrected details are labelledDo not silently fill gaps or overwrite earlier wording.The pack contains an evidence indexList filename, date, source, description and linked event ID.Only relevant records are selected for the packKeep the full archive separately and export a focused working set.A separate backup of important originals existsConfirm that the backup can actually be opened before relying on it.

Copy resultDownloadPrintClear

How to read this in Canada

Keep the record in layers: what the plan says, the dated event and its source, then what happened next. A fact stops being useful the moment it is written up as a legal conclusion.

Canadian rules can come from federal, provincial or territorial law. Start with the order or plan that applies to you, and keep its exact terms, such as parenting time or decision-making responsibility.

If you need to correct an error, add a dated note rather than editing the original. Keep routine events near the disputed ones so a family lawyer in your province or territory can judge which facts actually matter.

Your province or territory matters

Family law in Canada mixes federal and provincial rules. Say which province or territory you live in and which court is involved. Use the terms from your own order, such as parenting time or decision-making responsibility. If you are not sure whether the Divorce Act or a provincial law applies, ask a lawyer.

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.
• Communication records: major texts and emails, kept as screenshots plus originals. A running communication 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 — 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.

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.

Keep what you share short. Include the current order or plan, a factual timeline and the files that matter, and say plainly where something is missing.

Privacy, court and evidence rules differ across Canada. Ask a family lawyer in your province or territory before you file or share records.

Say which province or territory you are in, and whether the Divorce Act or a provincial family law applies. Use the terms from your own order.

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, communication 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.

Does this replace provincial or territorial guidance?

No. Federal, provincial and territorial family-law rules can interact, and court process differs across provinces and territories. Check your own order and the official guidance for your province or territory.

Sources

Federal, provincial and territorial family-law rules can interact, and court process differs across provinces and territories. The official source gives orientation only. This page is a documentation guide, not legal advice.

• Department of Justice Canada: Parenting arrangements after separation or divorce July 2026

Keep reading

Related Casewell pages

How to organize custody evidence — for Canadian parentsHow to organize text messages for custody evidence — for Canadian parentsBuild a focused PDF from the records that matter — for Canadian parentsHow Long Does a Parenting Case Take? Canadian Court StatisticsCustody journal template — for Canadian parentsParenting time calculator — for Canadian parentsWhat should I document — for Canadian parents