- Apply for a lay assistant
- Applications and information sheets
- Affidavits
- Specialist reports
- Court orders
Overview
You’ll almost always need to file an affidavit with an application. An affidavit is your chance to tell the court what has happened and what you want. It helps support what you’re asking the court to do.
Your lawyer can help you write your affidavit. If you don’t have a lawyer, you can get legal advice from a Community Law Centre.
What an affidavit is
An affidavit is a written document that includes detailed information about your situation and what you’re asking the court to do. This information is your evidence that supports the reasons why you are asking the court for help. You must tell the truth in your affidavit. If you are caught lying, you may be charged with a criminal offence and may have to pay a fine.
Usually everyone involved in the case will write an affidavit. This includes witnesses or other people who can support the facts relating to the case. The judge will read all the affidavits so they can make an informed decision.
The Family Court has different affidavit forms depending on the case. You'll need to use the right affidavit form for your situation. If you’re not sure what affidavit form to use, contact a lawyer for help. If a lawyer is helping you, they’ll draft the affidavit with you.
Any affidavit you file to the court must be served on everyone involved in the case. This includes a Lawyer for Child if one has been appointed. Your lawyer can help you file your affidavit to the court. They can also serve your affidavit on the other people involved in the case.
Writing an affidavit
Your affidavit is a very important part of your application – it tells the court the facts of the case.
When you write your affidavit:
- stick to the facts
- include information that is relevant to what you are asking the court to do
- include first-hand evidence – this means only what you have seen or heard not what someone else has seen or heard
- try to include specific names, dates, and places if you can
- always tell the truth, it is a crime to provide false information.
Exhibits
You can include other documents if they are important to support what you have written in your affidavit. These are called exhibits. If only a small part of an exhibit is relevant, highlight this so that the judge knows what the important part is. For example, you may want to highlight one paragraph in a thread of emails.
Each exhibit included with your application must:
- be clearly labelled starting with “A” and then alphabetically after that. For example, Exhibit A, then Exhibit B and so on.
- be referred to in your affidavit by the letter. For example, ‘I refer to the school report attached as Exhibit A’.
If you have an application pack, you should include a list in the ‘Exhibits’ box at the bottom of that page in the application pack.
Sign, swear or affirm an affidavit
For your affidavit to be accepted by the court, you must:
- number the pages, use numbered paragraphs, and size 11 font
- print it on single-sided white A4 paper
- sign it in front of a person who is approved to swear or affirm affidavits
- swear or affirm everything you have written down in your affidavit is true and correct to the best of your knowledge and belief - you’ll do this by giving an oath or affirmation.
No changes can be made after your affidavit has been sworn and witnessed.
The following roles are all approved to swear or affirm affidavits:
- Family Court registrars
- Deputy registrars
- Lawyers
- Justice of the Peace
- Notary public.
The approved person will help you to:
- sign your affidavit
- initial each page of your affidavit
- initial next to any changes you’ve made since you printed your affidavit.
The approved person will sign your affidavit, including the exhibits, to say they have witnessed you take your oath or affirmation.
Your affidavit, along with your completed application and information sheet are now ready to be filed at the court.
