QLD Failing to Draft Affidavit Correctly - What will Happen?

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Sandman

Member
15 March 2017
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I am the Respondent to an Initiating Application.

In the (likely) event that I fail to adhere to a rule about how to respond properly, draft my affidavit in a manner which is not what the family court is used to from a practising divorce lawyer, etc, are any of these mistakes fatal? If I say what I want in plain English, am I reasonably safe, provided I'm not wasting the court's time?
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
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Those mistakes are frustrating for the Court, but most judges are understanding of self-representation, so it's more the content of your affidavit and orders sought that will be the focal point.

Way, way, waaay back, the mistake I made was not putting evidence in my affidavit. There were lots of concerns and complaints raised, but no references to the specific event/s that triggered those concerns. It was also focused on challenges faced with the other parent rather than the child's best interests.

So, when you have a concern about something, make sure you state dates, times and descriptions of the actions that caused those concerns, but don't speculate. "She came to the door drunk" is speculation. "She came to the door and I could smell what I thought was alcohol on her breath and she seemed to be slurring her words" is fact.

Remember there's also two primary documents to give to the Court - your minute of orders sought, which is where you state what orders you want, and your affidavit, which is where you provide the evidence to show the orders you want are in the best interests of the child.

Look here for a template affidavit:
http://www.federalcircuitcourt.gov....-02573ffe-6b37-42f2-b7a2-8b589acc6ff6-lhRcPKW

And look up some parenting cases on AustLII for some example orders.