An affidavit is a written statement of fact that is sworn or affirmed under oath as being the truth. Your affidavit must describe the material change of circumstances.
It is best that your affidavit be typed on a computer, but you can fill it out by hand, if necessary. If you fill it out by hand, you should use a blue pen, and do not double-side your pages (do not write on the back-sides of any of the pages – everything must be single-sided). Make sure your writing is neat! If the court cannot read it or it is very messy, the filing office may not accept it.
You can use as many pages as you need to write out all of your factual information – there is no page limit for an affidavit. Your whole affidavit, whether handwritten or typed, must be on plain, white, letter-sized (8.5” x 11”) unlined paper. Do not use looseleaf, legal-sized paper, coloured paper, or paper with lines on it.
Number every sentence to keep your affidavit neat and organized. It is best to leave a space between each sentence, so it is easy to read. You should also number the pages of your affidavit, especially if it is long.
Affidavits are meant to outline facts – for example, they should describe ‘who, what, when, where’ types of information, and things that you have seen, heard, or have good reason to believe. It is not appropriate to put your opinions in an affidavit, or to use a lot of hearsay (things that you heard from other people, but did not know or see yourself).
If you are the applicant, you should describe what order you are applying for the court to make. Make sure you explain what part of the existing order you want to change, what the existing order says about that issue, and why you are asking to change it.
The affidavit must be taken to a lawyer or a Commissioner of Oaths (or in some cases a Notary) to have your signature witnessed. You can usually do this at the courthouse. Please click here for more information about affidavits. You can also click here for an example affidavit.
Affidavit (Supreme Court Family Division or General Division): Form 39.08