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Affidavit and Request to Contest the Validity of a Foreign Document

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Form 184
(Rev. 6/09)

The Family Court of the State of Delaware

In and For New Castle Kent Sussex County

AFFIDAVIT AND REQUEST TO CONTEST THE VALIDITY OF A FOREIGN CUSTODY ORDER

Petitioner

Name

D.O.B.

Street Address

Apt. or P.O. Box Number

City

State

Zip Code

Attorney Name and Phone Number

v. Respondent

Name

D.O.B.

Street Address

Apt. or P.O. Box Number

City

State

Zip Code

Attorney Name and Phone Number

File Number

Petition Number

BE IT REMEMBERED ON THIS DATE,

(Respondent), who, being duly sworn by me according to the law personally appeared before me, a Notary Public for the State and County declared above, did depose and say:

1. I hereby contest the order dated from the State of

2. My basis for contesting the order is as follows:

The issuing court did not have jurisdiction under subchapter II of Title 13, Chapter 19.

The child custody determination sought to be registered has been vacated, stayed or modified by a court having jurisdiction to do so under subchapter II of Title 13, Chapter 19.

The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of Title 13, section 1908 of this title, in the proceedings before the court that issued the order for which registration is sought.

3. I request a hearing on this matter.

Respondent

Date

Mediator/Notary Public

Date

1 of 2

Form 184
(Rev. 6/09)

AFFIDAVIT OF MAILING

I affirm that a true and correct copy of this Affidavit and Request to Contest the Validity of a Foreign custody order was placed in the U.S. Mail on this date and sent to the Petitioner or the attorney address listed on the petition, being first class postage pre-paid.

Respondent

Date

Mediator/Notary Public

Date

2 of 2

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What this affidavit and request does

An Affidavit and Request to Contest the Validity of a Foreign Document is a sworn written statement used to challenge the authenticity, execution, or legal effect of a document issued outside the United States. It sets out the affiant's factual basis, attaches supporting evidence, and asks a court or administrative body to declare the foreign instrument invalid or to refuse recognition. The form typically requires identity details, a clear statement of contested items, notarization or remote online notarization where permitted, and any translations or apostilles required to support the challenge.

Why you might file this affidavit

Use this affidavit to record sworn facts disputing a foreign document’s validity and to trigger judicial or administrative review where recognition could create legal or financial harm.

Why you might file this affidavit

Who commonly prepares and relies on this form

The affidavit is typically prepared by parties directly affected by a foreign document’s asserted effect, their attorneys, or authorized agents.

  • Private litigants and plaintiffs seeking to block enforcement or recognition of a foreign instrument.
  • Attorneys and legal representatives preparing sworn evidence for civil or probate proceedings.
  • Companies and financial institutions requiring clarity before accepting foreign corporate or transactional documents.

Core elements to include in a professional affidavit

A complete affidavit and request should be structured, factual, and supported by attachments. Clarity on the relief requested and proper authentication increases the chance the tribunal will accept the challenge for consideration.

Affiant Identity

Full legal name, contact information, capacity (e.g., beneficiary, creditor), and a declaration of personal knowledge or basis for the statements.

Statement of Facts

A numbered, chronological description of events and specific reasons why the foreign document is believed invalid, including contradictory facts or chain-of-title issues.

Requested Relief

A clear request describing the remedy sought, such as a declaration of invalidity, non-recognition, injunctive relief, or a referral for further proceedings.

Supporting Evidence

List and attach exhibits: original or certified copies, translations, apostille documentation, expert reports, or witness statements that corroborate the affiant’s claims.

Authentication

Notary or remote online notarization statement, details of any apostille or legalization, and descriptions of identity-proofing procedures used.

Signature and Oath

Affiant signature under oath or affirmation with notarization date, jurisdiction, and notary identification to meet admissibility requirements.

Required data elements at a glance

Full legal name: Affiant's official name
Document date: Execution or filing date
Country of origin: Issuing jurisdiction
Notary details: Notary signature and seal
Allegation summary: Concise grounds for contest
Evidence list: Attachments and exhibits

Step-by-step completion checklist

Follow these four core steps to prepare and submit the affidavit properly.

  • 01
    Draft facts: Write clear, chronological factual statements supporting your challenge.
  • 02
    Attach exhibits: Include originals, certified copies, translations, and apostilles as needed.
  • 03
    Notarize or RON: Complete in-person notarization or use RON where the state allows it.
  • 04
    File or serve: Submit to the proper court or agency and serve opposing parties per rules.

Online workflow settings for electronic completion

Configure your eSubmission workflow to capture required data, enforce signer authentication, and retain a complete audit trail.

Field Configuration
Authentication Email plus SMS code or KBA where required
Signature type Allow legally binding eSignatures; enable PKI if required
Notary integration Enable RON session capture and recording
Retention Save PDF/A with audit trail and attachments

Typical submission and review flow

This sequence shows how a completed affidavit moves from preparation to official consideration.

  • Prepare affidavit: Draft, attach exhibits, and verify translations
  • Authenticate signer: Complete notarization or remote notarization session
  • File or lodge: Submit to court clerk or designated agency
  • Adjudication: Court or agency considers admissibility and issues ruling

Technical requirements for eSubmission and eSigning

Use platforms that capture signer intent, retain audit trails, and support required notarization workflows.

  • Integrations: Salesforce, NetSuite, Google Workspace supported
  • File formats: PDF, PDF/A, DOCX accepted
  • Authentication: Email, SMS, KBA, and RON options

Timing and filing expectations to watch

Different courts and agencies impose varying time limits for contesting foreign instruments; act promptly once you discover an issue.

Statute of limitations:

Varies by claim and state; consult counsel immediately

Notarization window:

Complete notarization before filing to avoid adjournments

Service requirements:

Allow time for service on foreign or out-of-state parties

RON record retention:

Maintain audio–video recordings per state rules

Agency deadlines:

Adhere to agency-specific filing windows and formats

Common preparation pitfalls to avoid

  • Incomplete notarization or missing apostille delays admissibility and may require re-execution.
  • Mismatched names, dates, or jurisdiction references create identity disputes and undermine credibility.
  • Absent or untranslated supporting evidence forces courts to reject or discount the affidavit.
  • Relying on hearsay or vague assertions reduces probative value and may lead to dismissal.

Legal risks and consequences of incorrect statements

Perjury exposure: 18 U.S.C. §1621 risk for knowingly false statements
Criminal sanctions: False affidavit may trigger state criminal penalties
Civil sanctions: Court may impose fees or sanctions
Evidentiary exclusion: Unauthenticated exhibits may be excluded
Case dismissal: Procedural defects can result in denial
Professional discipline: Attorneys risk bar discipline for misconduct

Representative experiences using sworn contests

Real-world examples show how practitioners use sworn affidavits and evidence to limit risk and secure judicial review.

Optica Ventures LLC

Brian Fitzgibbons prepared a focused affidavit challenging a foreign transfer

  • The affidavit listed supporting exhibits and notarization details
  • The court accepted the exhibits and ordered a limited evidentiary hearing to resolve authenticity questions.

Tech Data

Bob Dutkowsky's team used sworn statements for corporate instrument disputes

  • The affidavit emphasized chain-of-authority and attached certified translations
  • The administrative record clarified the company's position and avoided unnecessary enforcement actions.

Practical tips for accurate and efficient completion

Adopt these practices to strengthen admissibility, reduce delays, and limit downstream objections.

Use verified translations
Engage certified translators for non-English documents and include a translator affidavit attesting to accuracy and completeness, reducing the risk of evidentiary objections.
Document chain of custody
Track and label each exhibit, noting provenance and any custody transfers, to support authenticity and rebut challenges to handling or tampering.
Confirm notarization rules
Verify whether the receiving jurisdiction accepts apostilles, consular legalization, or RON recordings to ensure the affidavit and exhibits meet formal requirements.
Preserve audit trails
Retain electronic audit trails, RON session recordings, and metadata for each signed file to demonstrate signer identity and timing if contested later.

eSignature vendor comparison for this affidavit workflow

Pricing and key capabilities for common eSignature solutions. Place vendors in the order shown and confirm specific plan features with each provider.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions and quick troubleshooting

Answers to common questions about execution, notarization, evidence, and electronic submission for contested foreign documents.


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