Affidavits in parenting matters

An affidavit is a written statement of evidence that you swear or affirm to be true. In a parenting case it’s how you tell the court the facts. Getting it right matters — it can be the difference between being heard and being ignored.

The golden rules

• First person, and true. Write as “I”. You’re swearing it’s true.
• Facts, not opinion or argument. Say what happened, when, and how you know it — not what you think it means or how you feel about the other parent.
• Only what you can personally attest to. If you witnessed it, say so. If you were told it, say who told you and that you believe it’s true (this is “information and belief”) — and know it may carry less weight.
• Neutral language, with specifics. “I could smell alcohol on her breath and her speech was slurred” is stronger and fairer than “she was drunk.” Dates and facts beat labels.
• Never guess or exaggerate. If you don’t know a detail, say so.
• Keep it relevant to the children’s best interests and the orders you’re seeking.

Format requirements

• Typed, size 12 font, printed one side only, pages numbered.
• Numbered paragraphs, each dealing with one point, in chronological order.
• You sign the bottom of each page in front of an authorised witness (a lawyer or Justice of the Peace), and complete the jurat (the “sworn/affirmed at… before me…” block).
• Annexures/exhibits: if you refer to a document, attach it to the back, label it (e.g. “Annexure A”), and refer to it in the relevant paragraph.
• Privacy: if you don’t want your residential address disclosed, you can provide it to the court separately so it’s recorded as “not to be disclosed”.

Length limits (interim applications)

These differ by Division, so check which applies to you:

• Division 2: max 10 pages / 5 annexures — the usual limit for most initiating parenting applications.
• Division 1: max 25 pages / 10 annexures.

How the toolkit helps

The Incident log captures events in an affidavit-ready format as they happen — first-hand vs. what you were told, with an evidence list. The Affidavit builder then assembles your details and selected incidents into a formatted, editable draft you can download and take to a lawyer. It is a draft starting point, not a filing-ready document — always have it reviewed.