law of evidence The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of f ...

, relationship evidence describes a particular class of

circumstantial evidence Circumstantial evidence is evidence that relies on an inference to connect it to a conclusion of fact—such as a fingerprint at the scene of a crime. By contrast, direct evidence supports the truth of an assertion directly—i.e., without need ...

, defined in Australian jurisprudence as that which explains the "nature of the relationship between the complainant and the defendant". It provides a context for the offending behavior. Similar to tendency evidence, it establishes the tendency to commit an offence, usually multiple minor instances that often go unreported. The nature of the relationship is often obtained from witnesses who are extraneous to the offences charged. Another form of relationship evidence relates to the establishment of a relationship for the purposes of claiming a benefit of some kind.

Admissibility

The admissibility of this type of evidence derives from

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

principles that stand outside the direct operation of the Uniform Evidence Acts ("UEA").

Other types

A different form of relationship evidence is used to establish a relationship for the purposes of obtaining some form of government benefit. In this case the best proof of relationship is a certified copy of the civil or religious birth record of the person filing for benefits showing the parents' names. When the relationship involves a legally

adopted child Adoption is a process whereby a person assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Legal adoptions permanently transfer all rights and responsibilities, along with filiation, from ...

or the parent of a legally adopted child, the best proof is a

certified copy A certified copy is a copy (often a photocopy) of a primary document that has on it an endorsement or certificate that it is a true copy of the primary document. It does not certify that the primary document is genuine, only that it is a true c ...

of the decree or order of adoption.https://rrb.gov/RB-21/FurnishingProof/Relationship

References

Evidence law {{law-stub