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Affidavit

Where to for assistance?

Hi - I have a rather complex situation and at this point in time I am in court, self represented and we are going back for directions in a couple of weeks.

I wish to get to a hearing asap but her team of legal aid lawyers is putting off the inevitable as long as possible…

I have a draft affidavit ready to go, but it's running to some 20 pages long. I am unsure of what can be considered factual and what has to be excluded. I dont want to over whel mthe magistrate but I have to compile some 5 years of vindicative behaviour so I dont want to ommit too much either.

A friend who has been through the process said - she will get a chance to refrute eveything in your affidavit, so you can put in their everything that she might be able to comment on - therfore making it fact, but this sounds well off the mark from my perspective.

Can I say - "she refused to allow me to see the children as per parenting plan on XXX date"….? What do I need to prove this statement ?

Is there somehwere you can go for assistance prior to submitting affidavits ?



Thanks SandJ
you should have kept a diary on the times you had the children and you can present this as evidence as to when you were entitled to have them and when you were denied this. You should also have recorded what reason was given by the other parent as to why you were being denied time with your children.
Affidavit advice:

Quoting speech - My wife said words to me to the effect: "you are a Queenslander".

Be careful of opinion - "David was drunk" (opinion) "I saw David sway from side to side and his speech was slurred when he spoke to me". (observation - fact)


On 2 March 2014 I had the following conversation with my wife:

Me: "can I see the kids?"

Wife: "no you cannot"

Me: "why not?"

Wife: "because I hate you"

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