A Custody Affidavit is a crucial document in Australian family law proceedings, used when parents or guardians are seeking to establish, modify, or formalize custody arrangements for children. This sworn statement must comply with the Family Law Act 1975 and relevant state legislation, and is typically filed with the Federal Circuit and Family Court of Australia. The affidavit provides comprehensive information about the children's living arrangements, needs, and welfare, as well as the parent's capacity to care for them. It serves as primary evidence in custody proceedings and must be witnessed by an authorized person such as a lawyer or Justice of the Peace. The document may be used in interim or final hearings, and can be particularly important in contested custody matters or cases involving special circumstances such as family violence or international elements.
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1. Deponent Information: Personal details of the person making the affidavit including full name, occupation, and residential address
2. Child(ren) Information: Details of the child(ren) including full names, dates of birth, and current living arrangements
3. Relationship Background: Brief history of the relationship with the other parent, including marriage/separation dates if applicable
4. Current Living Arrangements: Detailed description of current living arrangements, including physical environment and facilities available for the child(ren)
5. Care Arrangements: Current and proposed care arrangements, including time spent with each parent and practical considerations
6. Child(ren)'s Needs: Information about the children's educational, health, emotional, and social needs and how these are being met
7. Parenting Capacity: Evidence of ability to provide for children's physical, emotional, and developmental needs
8. Declaration of Truth: Formal declaration that the contents of the affidavit are true and correct
1. Family Violence: Include if there are any current or historical family violence issues that affect custody arrangements
2. Substance Abuse: Include if there are concerns about substance abuse by either parent that affect child safety or care arrangements
3. Religious/Cultural Considerations: Include if specific religious or cultural factors need to be considered in custody arrangements
4. International Travel: Include if there are international travel considerations or risks of international child abduction
5. Special Needs: Include if any child has special medical, educational, or developmental needs requiring specific arrangements
6. Extended Family: Include if extended family members play a significant role in care arrangements or if there are specific issues regarding extended family contact
1. Schedule A - Supporting Documents: List and copies of supporting documents such as school reports, medical records, or correspondence
2. Schedule B - Proposed Care Schedule: Detailed weekly/monthly schedule showing proposed time allocation between parents
3. Schedule C - Communication Log: Record of communication between parents regarding child-related matters
4. Schedule D - Photographs: Relevant photographs of living arrangements or other physical evidence if required
5. Schedule E - Professional Reports: Any relevant reports from healthcare providers, teachers, or other professionals
6. Schedule F - Court Orders: Copies of any existing court orders or parenting plans
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