How to Write an Affidavit for Family Court NZ

What Is a Family Court Affidavit and Why Does It Matter

An affidavit is a written statement of facts you swear or affirm to be true. In New Zealand Family Court, it gives the court a written account of your situation and evidence before a hearing. The judge considers it alongside the other evidence and submissions in the case.

The standard application pack for a parenting order under Section 48 of the Care of Children Act 2004 or a guardianship order under Section 27 includes a supporting affidavit. If you are a grandparent or relative applying under Section 47(1)(d), your affidavit also explains why the court should grant you leave (permission) to bring the application.

What to Include in Your Supporting Affidavit

Structure your affidavit in numbered paragraphs, each containing one fact or one short group of related facts. Family Court judges read dozens of affidavits, so clarity wins over length.

Your relationship to the child. State your name, address, relationship to the child, and how long you have been involved in the child's life. Give specific examples — weekend stays, school runs, holidays — with approximate dates.

The current care arrangements. Explain who the child lives with right now, how that arrangement started, and when the child moved into your care if they already have. If the child arrived because of a crisis (a parent's arrest, hospitalisation, or family violence incident), state the date and what happened in factual terms.

Why the child's parents are unable to provide care. This is the core of your case. Stick to facts you have witnessed or can verify — dates of hospital admissions, police callouts, periods of imprisonment, or documented substance dependence. Avoid opinions about the parent's character.

The child's welfare and best interests. Under Section 4 of the Care of Children Act, the child's welfare and best interests are the court's paramount consideration. Describe the child's school, friendships, health needs, cultural connections (including whakapapa and te reo if the child is Māori), and how your care supports stability.

Why you need court orders. Explain the practical problems the lack of a formal order creates — a school refusing to enrol the child, a GP needing guardian consent for treatment, or Work and Income requiring proof of care for the Unsupported Child's Benefit.

Formatting Rules the Court Expects

The Family Court Rules 2002 set specific requirements:

• Printed single-sided on A4 paper — the registry rejects double-sided documents
• Numbered paragraphs throughout
• First person ("I saw…", "I took the child to…")
• Sworn or affirmed before an authorised witness: a Justice of the Peace (free at most Citizens Advice Bureaux), a court Registrar, or a practising barrister or solicitor
• Signed and dated on the final page, with the witness's endorsement

Attach supporting documents as exhibits: a medical letter becomes "Exhibit A," a school report becomes "Exhibit B," and so on. Refer to each exhibit by its letter in the body of the affidavit.

Common Mistakes That Delay Applications

Second-hand information without attribution. If you are reporting what someone else told you — a teacher, a neighbour, a police officer — identify the source and make clear that you did not witness the event yourself. The court will assess what weight to give that information.

Emotional argument instead of facts. Phrases like "the mother is a terrible person" or "I deserve custody" invite the respondent's lawyer to discredit your entire affidavit. Let the facts speak.

Outdated information. If events happened years ago, explain what has changed since. A drug conviction from 2018 is relevant, but the judge will want to know whether the parent has since completed treatment.

Missing the leave threshold. If you need leave to apply under Section 47, your affidavit must specifically address why granting leave serves the child's welfare. Some applicants focus entirely on the parent's failings and forget to explain why their own involvement benefits the child.

Where to Get Help Drafting Your Affidavit

Community Law Centres offer free legal advice to eligible low-income applicants and can review a draft affidavit. The Grandparents Raising Grandchildren Trust (GRG) provides advocacy support and field officers who understand the process. Kaiārahi (Family Court navigators) can explain the court's procedural expectations, though they cannot draft documents or give legal advice.

For a complete walkthrough of every document in the application pack — from the affidavit through the information sheet to the fee waiver form — the NZ Parenting Orders and Guardianship guide maps the full filing sequence step by step.

Key Takeaways

Your affidavit is your case on paper. Number every paragraph, stick to witnessed facts, swear it before an authorised witness, and attach exhibits for anything you can prove with a document. An incomplete affidavit can delay the application — and the child's stability depends on the process moving forward.

The complete guide includes an evidence document organiser to help you prepare your exhibits before you start drafting.

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