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Affidavits

Most evidence in family court is presented through written documents called affidavits.

An affidavit is a written legal document that the person writing and signing promises is a truthful account. It is just as important to tell the truth in an affidavit as it is when you are giving evidence in a courtroom in person. People’s willingness to believe you (which is sometimes called your “credibility”) will be negatively affected if you put anything in your affidavit that is not true.

It is in an affidavit that you and your ex-partner tell your stories to the court. Affidavits are a key piece of the evidence that the judge will rely on.

You and your ex-partner will each prepare at least one affidavit, but you are both likely to prepare more. One of these is what is called the parenting affidavit. It is Form 35.1. This is a standard form, and everyone who is applying for custody or access must complete one. (Learn more about where you can find this form and get help filling it out if you do not have a lawyer to assist you.)

If you are seeking a restraining order or bringing a motion, you will also prepare your own general affidavit (Form 14A), which is your chance to tell the court the story of abuse to which you have been subjected.

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