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hello I'm walking to Mackenzie friend today we're going to look at crafting family law parenting affidavits the first usual disclaimer was a holding law degree majoring family law I choose not to crack this nor seek admission therefore any information cannot be relied upon specific questions should be driven towards a career in law specialist okay let's look at what is an Efford Athan why should contain and one should have not contain wasn't ever day that an affidavit is a written statement of relevant factual material prepared by a party of witnesses that a party intends to rely on as evidence in court now for David is the main way a party presents evidence to court now forever it must be properly sworn or affirmed by the party that have a line on it what should an affidavit contain well the effort average contain detailed facts to support all the sort only material that the pony person experienced heard or saw a person can only give evidence of that which they have personal knowledge now can also contain same expert opinion in a form of say medical reports yes perhaps please result reports and if you have a mixtures that the affidavit should reference those are next years so what sure enough they are not contain well admissible material such as legally and properly obtained material such as recordings keep its tracking emails or Facebook accounts fabricated evidence because this some of this would be in contravention of the surveillance devices Act listen yourself as well as simple state acts also material that is unfairly prejudicial to a party that might be misleading confusing or cause or result in undue waste of time you say because the person who is attesting to the affidavit was not present for those conversations opinion which is or speculation unless that person is an expert character evidence which is bit tricky past behavior and legally privileged information so you can't attach say correspondence you had with the other ponies legal representation because that material is incompetent without prejudice the same thing wait with firm material that could be part of mediation or settlement negotiations also material that is irrelevant that is a speculation or conclusion that contains submissions or case law now in a Miss the material can be struck out weird if we see 15.29 of the Federal Circuit Court rules and 15.1 three of the family law rules so let's hope could look at the court rules now the rules relating to affidavits are in the rules about evidence say a chapter 15 the family all rules and 15 of the Federal Circuit Court rules the following affidavit does not make the contents of the affidavit evidence it is only when the affidavit is relied upon by a party at a hearing or trial that it becomes for that hearing or trial savaging rooms or miss Millie part of evidence ever David's are filed as prescribed by the rules or s directed by the court or to leave a sword and given by the court although the rules do not state that all evidence of your client has to be on trial affidavit you will need to leave they'd leave the court if you wish to rely on any everyday with your client has filed early in proceedings now this is important because it's important the court has one document they can refer to it's very difficult if the information or material relying upon is spread across more aware favors you might know in some matters when the matters notified hearing the court will require a trial affidavit which contains the most up to date ever datum for both parties also you need to look at the practice directions because registrations also dictate the length and the number of mixtures for certain applications before the one now affidavits have to be in a certain format under 1200 one is the general requirements for doctors being filed on the court registry it says that effort at this must be single sided we printed or handwritten in black ink at Marge's wide enough to allow documents to be bound and why the typical five centimeters have line spacing nothing wrong 145 lines have page numbers number 2 per second this tablet or pinned or otherwise fastened their appropriate identification parties and court numbers are set out the rules also it promised speculates the size of the text now they look at time 15 put two out of the federal circles a 15-foot one two other family law rules and the exam pages must be numbered and must include the title and number of the proceedings both finishes and exhibits must state that the person making the affidavit identified the particular annex or exhibit at the time they were making the effort over the curvature for each exhibit a nation should be witnessed now for melting as I said the epidemic must be witnessed on each page and any of MU any fo w file in court to support the case must be served on all parties that's just a matter of procedural fairness so let's have a look at some tracking tips now first I think you need to look at the orders you're seeking because you want us every day that is intended to support the orders being sought now I think it's best also style for chronology so you can easily see when events occur and what happened now think about what the party is trying to prove proof also you need to start with a brief background and that might be the dates and place of birth of the parties and any children the dates of the page becoming Australian citizens organic resins dates of cohabitation marriage and final separation also avoid detail detailing the punish complete life story there's a case there in and ashaming which has a little interesting comment upon that and being concise in identifying the issues in contention now create a list of all the headings all the matters you need to consider including any relevant issues about the timing of your application the affidavit can be either chronological which is traditional or topic based and particularly address issues of family violence because they're often a significant concern in family law matters also look at this 16 er CC deferment alright considerations now we know that 2 a.m. to be the benefit of the child having a mentor relationship with both of the child's parents and the need to protect the child from visible psychological harm from being sedated to are exposed to abuse neglect or family violence these two issues are the most critical also and 60cc 3 which is the additional considerations any viewed expressed by the child although a pair of bringing the views of a child on the court is a little bit questionable and probably should be brought by proper means by either say the ICL or the family report ro and also you might want to consider the nature of the relationship of the child with the child and other persons so you might in your affidavit talk about how the child spends a lot of time with their grandparents and other friends and family that's important to the child mr. billing there will be also the extent of which each child's parents has taken or failed to take the opportunity to participate in making decisions about major long-term issues of relation to the job it's being timely chart and communicating off the child so it's bit silly to say see orders for equal care when the party isn't even exercising their care that they have under their interim orders so looking at a few more 60cc considerations you might want to talk about the fun of things you do with the child and your ability to make the day-to-day needs of the child so there's the fun things and there's also the practical thing so taking the child to school you know making sure they have their lunch making sure you both clothing for them all those sort of day-to-day fundamental issues attending medical appointments and also the practicality with complying with the orders sort like if you're a fly-in fly-out worker it may be difficult to have read about arrangements so you really don't think about your DS is seeking and that how you can practically comply with those orders of your singing now also the capacity child's parent to provide care and needs of the child including emotional and in little needs now sometimes in a matter I've dealt with a while ago and one party had cancer and so there was always going to be an issue of whether or not that cancer was going to affect that parent's ability to provide care also if the parent has mental health or substance abuse issues that would be an important consideration also the issues of maturity sex lifestyle religious and cultural backgrounds their specific Bridget provisions at the Family Law Act that pertain to Aboriginal and Torres Strait Islanders now the responsibles of parenthood just demonstrated by each of the parents you know you wanted to show that you've got an active involvement in the Charles Health Education and Welfare and also there's always a catch-all and sixty cc3 that any other relevant consideration that you think the court may attach to people mister now also you want to sell yourself a little as to why it's in the best interest of the child for the child to have relationship with that parent also attaching completing old parenting or anger and dimensional courses or negative substance abuse tests can be beneficial sometimes a parent will make an allegation that the other parent term is an alcoholic and instead of just contesting it might be easy just to go out and seek a range of tests that don't prove otherwise and that's what it takes a Windsor sail on that argument it's cheaper than trying to argue in court and it was likely the other parent will make negative allegations so you can't take it personally you just have to know that tongue this is how the adversarial nature or family law works now there are exemptions of the in miss bill B however but for this to occur the probative value must outweigh any prejudice also when you're writing an affidavit just use short sentences with one idea per paragraph this is particularly important if the other side seeks to have parts of your affidavit struck out I can I struck out smaller chunks also don't lie because if you get caught it may we've damaged your credit and the merit of other representations you may also have another person radio for David for spelling grammar and coherence often you read yourself you you miss things rigidly spelling and little things and remember the judge is going to read this and so you want to convey the best position possible so in conclusion affidavits are a statement of truth about facts relevant to the matter before the court so you need to be concise and can find the affidavit in support of the order sort avoid inadmissible material if at all possible you can raise concerns about the other party if appropriate but avoid the concern being considered as denigration is concern and there's integration so you're raising concern but integration is you're actually attacking the other person the call will be attentive and it cautiously in the presence of family violence and finally drafting an affidavit is a skill even if you cannot afford representation having a referee David looked over by a lawyer um is advantage advantageous hope this helps