Affidavit for Family Law and Child Support - How to Submit a Private Report Writer's Report in Court

Navigating Family Law: Affidavits, Reports, and Your Case

Family law matters can be complex, and sometimes evidence needs to be presented in a formal way. This is where affidavits and private report writer's reports come in. Here's a breakdown of what each one is and how they might be used in your family law case:

Affidavit for Family Law:

What it is: An affidavit is a sworn written statement, signed under oath before a legal authority (like a notary public) declaring the information within is true. It's essentially your formal testimony outside of a courtroom setting.
What it's used for: In family law, affidavits are used to present facts relevant to your case. This could include details about income, assets, parenting arrangements, or any other information that supports your position.
Who prepares it: You or your lawyer can prepare an affidavit. However, it's always recommended to involve your lawyer to ensure it's accurate, complete, and adheres to legal requirements.

Private Report Writer's Report:

What it is: This is a report prepared by a qualified professional, such as a private investigator, psychologist, or financial expert, hired by one party in a family law case. The report details the professional's findings based on their investigation or assessment.
What it's used for: These reports can be used to provide evidence on various aspects of a family law case. For example, a private investigator's report might document child custody arrangements or a financial expert's report might assess income discrepancies.
Who prepares it: The report is prepared by the private professional you hire based on your specific needs in the case.

The Key Difference:

An affidavit is your sworn statement about facts you know, while a private report writer's report provides an independent professional's findings based on their investigation or expertise. They can both be valuable tools in supporting your case, but serve different purposes.

Understanding the Court Requirements:

Contact the Court: It's crucial to confirm the exact requirements for submitting a private report writer's report in your specific case. The court might have a specific template or format they prefer. Call the court registry or check their website for guidance.
Review Your Report Writer's Instructions: The report writer might have provided instructions on how to submit their report. Check if they have a preferred format for the affidavit or any specific information to include.

Crafting the Affidavit:

IN THE [NAME OF COURT] OF AUSTRALIA

[Your Name]

Plaintiff/Defendant

-v-

[Other Party's Name]

Defendant/Plaintiff

AFFIDAVIT

I, [Your Full Name], of [Your Address], [Your Occupation] (if any), do hereby swear/affirm that:

I am the [Plaintiff/Defendant] in the above proceedings.
The document attached hereto and marked Exhibit A is a true copy of the report prepared by [Report Writer's Name], a [Report Writer's Qualification] specializing in [Report Writer's Area of Expertise], on [Date of Report]. (Replace Exhibit A with the actual exhibit number assigned)
[Report Writer's Name] is not a party to these proceedings and has no interest in the outcome.
[Report Writer's Name] was engaged by me to investigate [Brief description of the subject matter investigated in the report].
I have reviewed the contents of the report and believe them to be true and accurate to the best of my knowledge and belief.

Sworn/Affirmed at [City, State] on [Date] before me:

[Signature of authorised witness]

[Printed Name of authorised witness]

[Occupation of authorised witness]

[Address of authorised witness]

[(Optional)** My commission to take affidavits expires on [Date].]**

What to Write?

Focus on the points mentioned in the revised template.
Briefly describe the subject matter investigated in the report (avoid unnecessary details).
Emphasize your belief in the report's accuracy after reviewing it.

Submitting the Report:

Check Court Procedures: Refer to the court's instructions or contact them for the proper way to submit the report and affidavit electronically or physically.
Ensure Proper Formatting: Adhere to any specific formatting requirements from the court or report writer.

Remember:

This is a general guideline. The specific requirements might vary depending on your jurisdiction and case.
Consulting a lawyer for tailored advice on your situation, including the affidavit content and submission process, is highly recommended.