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Affadavits

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    • #290
      Hank
      Participant

      My wife I separated about 3 years ago and initially she would let me see my daughters almost whenever they or me wanted to. So, at that stage our arrangement with the kids worked well despite the marriage breakdown.

      About 6 months ago I met someone new and re-partnered. Even though I have done my best not to flaunt the relationship my wife eventually found out and then as a result of that she started to make life hell for me including by way of preventing me from having contact with my girls.

      The irony here is that my ex-wife doesn’t want to repair our marriage/relationship but at the same time she also doesn’t want me to be with anyone else.

      I have tried everything to get her to let me see my daughters. I have even offered to pay for mediation which she has refused outright.

      As a result of all this I have started to think that the only way I can see my daughters is via a Federal Circuit Court application for parenting orders. So I figure I best start preparing for court as it doesn’t look like she is going to let my daughters come to my house whilst I have a relationship with another woman.

      This leads me to the reason for posting here. I am looking for help and tips on how I should write the affidavit, what information I should put in it, what to leave out, and how long it should be..etc. I have never written an affidavit before.

    • #291
      Julian Schroder
      Participant

      I’m in the process of writing an affidavit also and I got to admit that’s it’s It is a lot harder than I expected it would be.

      There’s so much to write about but I am worried that my affidavit will become way too long to be helpful.

      Any pointers on how to write a more effective affidavit would be appreciated?

    • #292
      Felix Spencher
      Keymaster

      Hank, it’s important to first ask yourself what you want to achieve with your affidavit as the final outcome.

      I have seen a lot of parents seek a shared care arrangement for their children whilst at the same time doing their very best to assassinate the character of their ex-partner within their affidavit, despite the fact that that approach is almost always doomed to fail.

      A good rule of thumb is to try and remain as objective as possible when compiling your affidavit and list the good qualities of your ex-wife as well as some of the behaviors that are now creating issues.

      You should also remember that although certain events in your relationships history may be very significant to you, they may not necessarily be legally relevant and as such try to be brief and only refer to the information that a court will consider as being legally relevant.

      Below are a few links that discuss how to write an affidavit.

      https://www.wikihow.com/Write-an-Affidavit

      https://www.lawdepot.com/contracts/affidavit-form

      The internet is quite literally littered with web-pages that both, detail how to write an affidavit and provide real world examples of previously used affidavits (just search Google images for family court affidavits).

      Good luck.

      Felix.

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