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Do I need an Affidavit in Family Law Parenting Proceedings?

Any information that may be online that was posted prior to 1 September 2021 should be read with caution. If you would like to peruse some information on how to draft Affidavits, please visit: https://www.fcfcoa.gov.au/pubs/preparing-affidavit





Do I need an Affidavit?


If you are seeking to make parenting orders to the Court, you need an Affidavit to support your orders.


Further, any witnesses (your friends, family etc.) and expert witnesses (doctors, medical professionals etc.) can also make an Affidavit to support your case.


What is an Affidavit?


According to the Family and Federal Circuit Court an Affidavit is:


written statement prepared by a party or witness. It is the main way you present evidence (facts of the case) to a court. Any affidavit you file in court to support your matter must be served on all parties, including the independent children’s lawyer (if appointed).


To translate this, an Affidavit communicates anything you want the Court to know about your legal matter. It should be true information that sets out facts. You should try to concentrate on presenting facts that can convince the Court to support your case. You should be as honest as possible.


Some prompts when writing your Affidavit can be:

· I believe…

· I stress…

· It is my opinion that…

· On ____ (date) ______ (insert event that happened)


At Brendan Rothschild Legal Group we can customise your Affidavit to ensure that it is in accordance with the Family Law Act. Our team will help assist you with writing, editing and ensuring your Affidavit is as comprehensive and detailed as possible to establish a sound case before the Court.


I have evidence, can I include this?


If you have evidence in the form of emails, text messages, documents you want to rely on etc. this can be attached at the end of your Affidavit under an “annexure”.


Limits on Affidavits


An Affidavit in support of an Application for Interlocutory Orders must not exceed 10 pages in length or contain more than 10 annexures if filed in the Family and Federal Circuit Court.

Under rule 5.08 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, unless express leave is granted by the Court, you can only rely on one affidavit from yourself, and one affidavit from each witness.


What happens after I file an Affidavit?


The other party in your case will respond to your Affidavit, your story, with their own side of the story by filing an Affidavit in their perspective.


Contact us


Disclaimer: This blog post is not intended to be a substitute for professional legal advice. If you require legal advice, please feel free to arrange an obligation-free 30-minute consultation at no cost, by contacting our office on:

(03) 9005 8284

reception@brlg.com.au


#familylaw #parenting #affidavit #parentingorders

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