Why does a Parenting Affidavit Matter?

Since offering client’s our free 15 minute advices, we have noticed a significant number of people requesting advice on what to include in their affidavit’s, as the date to file their material is quickly approaching. The purpose of this fact sheet is to help you consider what information to include in a parenting affidavit. 

 

Step 1: Identify the Key Issues

Before you start writing, consider the issues relevant to your parenting matter. Not every detail about your children or relationship is necessary.

Example: Don’t include your children’s immunisation records if both parents already agree. Focus on areas of disagreement or issues that may require court determination.

 

Step 2: Structure and Clarity Matter

A well-structured affidavit is easier for the court to read and understand. A recommended structure for your family court affidavit includes:

1. Background of the relationship
2. Separation details
3. Current arrangements
4. Issues in dispute
5. Safety concerns (if any)
6. Your proposal and why it benefits the child

Writing Tips:

• Use numbered paragraphs and subparagraphs
• Keep sentences clear and concise
• Limit your affidavit to 10 pages and 5 annexures

 

Step 3: Start With the Basics

The court doesn’t know you personally, so your affidavit should begin with essential information:

• Your full name, occupation, and relationship to the child
• The child’s full name and date of birth
• Current living arrangements
• Orders you are seeking and a brief summary of why

Pro Tip: Be clear and precise. The court should immediately understand the outcome you are requesting.

 

Step 4: Focus on the Child, Not the Conflict

Family court primarily considers:

• The child’s safety
• The child’s emotional and psychological wellbeing
• The benefit of maintaining a meaningful relationship with both parents (where such arrangement will promote safety)

Frame your evidence around:

• How arrangements affect the child
• What the child needs
• How your proposal meets those needs

Avoid making the affidavit a personal complaint against the other parent.

 

Step 5: Be Specific in Your Evidence

Broad statements like “the father/mother is irresponsible” are unhelpful. Instead, provide factual, detailed examples:

"On 15 March 2025, the father/mother failed to collect the child from school. The school contacted me at 3:45 pm. I collected the child at 4:10 pm."

Include who, what, when, where, and why to strengthen your concerns.

 

Step 6: Address Key Parenting Factors

Depending on your circumstances, you may need to address the following areas:

Living Arrangements

• Where the child sleeps
• Who takes them to school
• Daily routine

Communication

• How handovers occur
• Communication issues (if relevant)

Schooling

• Academic performance
• Attendance
• Special needs

Health

• Medical conditions
• Who attends appointments
• Medication or therapy

Emotional Wellbeing

• Behavioural changes
• Anxiety, distress, or resilience
• Relationship with each parent

 

Step 7: Child Safety Considerations

If there are safety concerns, they must be clearly presented:

• Dates of incidents
• What occurred
• Whether police or child protection were involved
• Any intervention orders

Be factual, structured, and avoid exaggeration.

 

Step 8: Things to Avoid in a Parenting Affidavit

Do not include:

• Emotional language
• Long text message transcripts (limit 5 pieces of evidence as annexures)
• Irrelevant relationship history
• Hearsay unless clearly identified
• Legal submissions

 

Step 9: Before Filing Your Affidavit

Ask yourself:

"If I were a Judicial Officer seeing this for the first time, would I clearly understand what I believe is in the child’s best interest?"

Need help with your parenting affidavit? Our team at Best Wilson Buckley Family Law can review your documents and provide expert advice on a limited basis, so you can be confident your submission clearly reflects your child’s best interests. Contact our team on 1300 052 224 or email us at info@bwbfl.com.au.

 

The information contained herein is factually correct as at March 2026. It is considered general information only and should not be interpreted or treated as legal advice. We urge you to seek independent legal advice regarding how the law applies to your circumstances.