How to Write an Affidavit for Family Court Australia: Parenting Orders

The affidavit is the document that carries your case. It's your sworn evidence — the facts the court relies on to decide whether the orders you're seeking are in the child's best interests. For grandparents filing without a lawyer, this is also the document where most mistakes happen.

What an Affidavit Is

An affidavit is a written statement of facts, sworn or affirmed to be true. It's not a letter to the judge. It's not your opinion about the parents or your feelings about the situation. It's a chronological, factual account of the circumstances that support your application.

Everything in an affidavit must be something you personally know, saw, heard or experienced — not hearsay, not rumour, not what a neighbour told you. If you need to include something someone else told you, you identify who said it, when, and in what context, and you acknowledge it's information you received rather than something you witnessed directly.

Structure

Opening paragraphs: State your full name, address, occupation, your relationship to the child, and how long you've been involved in their care.

Chronological narrative: Walk through the key events in order. When did the child come into your care? What were the circumstances? What has the child's living situation been since then? What are the current arrangements?

Evidence of the child's needs: What does the child need right now — stability, a school placement, medical treatment, continuity of care? How are you meeting those needs?

Why you're seeking orders: What specific problem are you trying to solve? A school that won't enrol without proof of authority? A parent who wants the child back despite safety concerns? A Centrelink claim that requires a court order?

Annexures: Attach supporting documents — school reports, medical records, letters from professionals, photographs, police reports if relevant. Number each annexure and refer to it in the body of the affidavit.

Rules and Limits

• For interim applications, the affidavit is limited to 10 pages. Be selective about what you include.
• Use numbered paragraphs.
• Be specific with dates — "on 14 March 2026" is better than "earlier this year."
• Don't include legal argument. The affidavit is for facts; your legal submissions are separate.
• Don't include insults, accusations or character attacks. The court gives less weight to emotional content and more weight to documented facts.

The Notice of Risk (FCFCOA-NOT19 for federal filings)

For FCFCOA proceedings, every applicant must also file the Notice of Child Abuse, Family Violence or Risk, regardless of whether allegations exist. This is a separate screening form — not part of the affidavit. WA proceedings use the FCWA's state form set; get the current Notice of Risk form from that court.

If there are allegations or risks of child abuse, family violence or harm, you detail them in the form. If there are none, you still complete and file it, ticking the relevant sections to indicate no allegations. Courts use this form to flag cases that need urgent safety measures.

If you're alleging family violence or abuse, the facts underlying those allegations should appear in both your affidavit and the Notice of Risk. The court reads both documents together.

Getting It Witnessed

Before filing, your affidavit must be sworn or affirmed before an authorised witness — a justice of the peace, a solicitor, or another person authorised under state law. You sign each page, and the witness certifies that you swore or affirmed the contents in their presence.

The Parenting Orders for Grandparents and Relatives guide includes affidavit preparation worksheets that help you organise your facts chronologically before you start drafting.

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