NSW General Help with Affidavit - What Do I Include?

Discussion in 'Family Law Forum' started by Bucko, 7 September 2018.

  1. Bucko

    Bucko Active Member

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    Hi folks,

    I am just looking for some general help on affidavits.

    My ex is wanting to relocate my kids to the UK so I am in family court for this. I am putting together my affidavit - from my point of view I want 50/50 custody of children.

    What content should I have in my affidavit?

    Clearly I need to paint the picture of why I want more custody and why I don't think she should be allowed to relocate, but do I include things like studies which show that kids need their dads, etc? My concern is that stuff like this is already known by the magistrates, so in reality just becomes more junk that they won't even bother looking at.

    Thanks for any responses...
     
  2. sammy01

    sammy01 Well-Known Member

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    Nope no need for studies that show kids need dads. You just need to tell your story. Just a timeline. When you met, where, etc. Anything that show that the intent was always to raise the kids here.

    So If they were born in London and have only been here for 6 months you'll struggle. If the wife lived here for 10 yrs met you 9 yrs ago and got married 7 yrs ago and and you have kids that are 6 and 5 who have always lived here, that is a better looking story.

    So if you've been separated 3 yrs and all that time it has been 50/50 that is gonna look better than if you've not been interested in the kids see them once a month and now want 50/50 because she is talking about leaving...

    So short version: a chronological story of events up till now with a bit of a theme that shows that you've always been an active dad.

    They're not gonna stop her going. They just might stop her taking the kids. International relocations are bloody hard work. I'm not telling you that you're wasting your time. You're not. They are just bloody hard to pick...
     
  3. Bucko

    Bucko Active Member

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    Thanks Sammy. Makes sense. We have been here 10 years. Youngest was born here. Oldest is now 17.... What you say sounds like a good strategy...
     
  4. sammy01

    sammy01 Well-Known Member

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    Ok - so the oldest kid is gonna be a huge part of this... Why? Well the court is reluctant to split siblings... What do you reckon... Does `17 yr old wanna stay or go?
     
    #4 sammy01, 8 September 2018
    Last edited by a moderator: 20 September 2018
  5. Bucko

    Bucko Active Member

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    He wants to stay... In fact 2 want to stay and 2 don't mind if they stay or go.
     
  6. sammy01

    sammy01 Well-Known Member

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    Right so what about the ex... Will she do regardless? How would you go left with 4 kids?
     
  7. Bucko

    Bucko Active Member

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    She has said that she will only go if all kids go. She has control issues , which is kinda why we are here.
     
  8. Rob Legat - SBPL

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    You're also going to want to add information about :
    - your at home makeup: who lives there, what their relationships are like;
    - your physical home setup, including location with respect to schools, doctors, amenities and recreational activities;
    - your family and relatives who are close by/visit often, and the strength of their ties to the kids;
    - your work situation and who will be primarily looking after the kids, and what arrangements are made for this;
    - the kids ties to the community: friends, sporting teams, clubs, etc. Think football, scouts, dance class, best friends... the lot.

    On the last point, don't speak for the kids, just merely what you observe. For example: don't say. "John loves playing football on Saturday". Instead put something like, "I take John to his football games every Saturday during the season. He plays for [name of team]. He always appears to enjoy playing, is excited when he has a good game and tells me regularly that he really enjoys being part of the team."
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    #8 Rob Legat - SBPL, 8 September 2018
    Last edited: 8 September 2018
  9. Hummingbird

    Hummingbird Well-Known Member

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    What the above have said is perfect. Demonstrate how settled the kids are and how they're thriving right where they are, that this change being requested is not agreed to by you and your proposed 50/50 is better for the kids, and why. The older children will have more of a say in the matter, and if they are wanting to stay that is pretty persuasive. Also the fact that they are in critical years of schooling i.e. 17 year olds schoolwork now more than ever affects ability to get into desired uni courses.

    Adding to what Rob said, document your involvement in doctors, school events and activities, nightly routines, homework, etc. The fact that you have already been an involved and active parent needs to be shown, so there is no issue with the mother trying to state that she is the only one who does any actual parenting and you can't handle 50/50. Show how you would manage 50/50 or have been already, and be prepared down the track to provide evidence.
     
  10. Bucko

    Bucko Active Member

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    Thanks for the advice. Much appreciated.
     
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