There may be exceptions where court orders or the rules provide.
Affidavit template family court wa.
Any affidavit you file in the family court of western australia to support your case must be served on all parties including the independent children s lawyer if appointed.
Please see proclamations by the governor and supreme court orders on the covid 19 response page at www courts wa gov for additional information.
You should only file an affidavit by a witness if the evidence is relevant to your case.
In the family court a document that is to be used in conjunction with an affidavit and tendered in evidence in a court proceeding must be identified in the affidavit but must not be attached to or annexed to the affidavit or filed as an exhibit to the affidavit.
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However affidavits are often used as evidence in legal proceedings and court cases.
An affidavit can only be filed in restricted circumstances unless permitted by an order of the court refer to rules 2 02 4 02 4 06 4 09 4 16 4 29 4 30 5 02 5 09 20 06 21 02 2 and part 15 2 of the.
Acknowledgement form information from a family counsellor or family dispute resolution practitioner form np2 pdf file size 28 kb case information affidavit form np3 doc file size 292 kb case information affidavit form np3 pdf file size 76 kb.
Unless a court orders otherwise a child under the age of 18 years should not prepare an affidavit to support your case.
If you use an affidavit a friend used in their family law matter you should ask whether it was drafted by a lawyer as very often affidavits drafted by a self represented person are too long and contain too much information that the court does not consider relevant.
Magistrates court of western australia general form of affidavit criminal jurisdiction date filed i name address person making affidavit occupation make oath affirm and say as follows signature of person making affidavit at on date sworn affirmed before registrar justice of the peace or other authorised witness.
For example you would need to file an affidavit if you want the court to consider evidence from a family member friend or professional.
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When do you file it.
An affidavit is a written statement where you provide evidence facts of the case to the family court of western australia about your matter.
This form has been prepared by the court for your use when you are required to file an affidavit in the family court.
Forms and instructions on this website have not been revised to show temporary changes that might apply during the covid 19 emergency such as adjustments to dates and requirements for how to serve documents.
Agreed order allowing access to restricted court records gr22 c 2 05 2016.
It can help if you use a template or sample affidavit to draft your own affidavit.
Sealed personal health care records cover sheet 05 2016.
For instance an affidavit could be used when you are applying for a government job clarifying a non legal name change or reporting an identity theft.
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