How Do I Prepare a Supplemental Affidavit?
In many family law court proceedings, it is not uncommon to have three, four or even fifteen affidavits prepared in the course of things. In most cases, the first affidavit describes the background facts about who the couple are, when they met, when they separated, who their children are and so forth. Affidavits after that usually update the court about events occurring since the previous affidavit was sworn.
New affidavits don't replace any of the previous affidavits, they just add to the written evidence in the court file. Each affidavit stands on its own.
To make a new affidavit after the first affidavit, follow all the steps described in How Do I Prepare an Affidavit? and make sure that you change the number of the affidavit given in the top right-hand corner of the first page. Instead of:
This is the 1st affidavit
of J.A. Doe in this case
and was made on 1 April 2013
...the second affidavit might read:
This is the 2nd affidavit
of J.A. Doe in this case
and was made on 15 April 2013
Apart from this minor change, affidavits prepared after the first affidavit are prepared in exactly the same way as the first affidavit was prepared.
Note that you can refer to previous affidavits in your new affidavit. Just be sure to identify the affidavit by the date the affidavit was made and by the person who made it. If you're going to be referring to specific parts of that affidavit, mention the paragraph numbers as well.
13. In my third affidavit, sworn on 10 August 2012, I state at paragraph 42 that I was the parent who was primarily responsible for taking the children to their medical appointments. I was also the parent primarily responsible for attending to the children's dental, counselling and therapeutic appointments. I was also the parent who attended the children's parent-teacher meetings. 14. The Respondent alleges, at paragraph 17 of his second affidavit, sworn on 1 August 2012, that he was the parent who booked and paid for the children's ballet and hockey lessons. The truth of the matter is that while he did pay for two or three of the children's hockey lessons, I was the parent who spoke to their coaches and instructors, arranged for their enrollment, and paid for the majority of the cost of these lessons.
For more information, see How Do I Prepare an Affidavit? and How Do I Fix an Error in an Affidavit or Add to an Affidavit?.
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Megan Ellis,QC, June 10, 2019.|
|JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.|
Normally referred to as the "Supreme Court of British Columbia," this court hears most court proceedings in this province. The Supreme Court is a court of inherent jurisdiction and is subject to no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court," and "Supreme Court of Canada."
A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a court proceeding. Small Claims Court, for example, cannot deal with claims larger than $25,000, and Family Court cannot deal with the division of family property or matters under the Divorce Act. See "judge" and "jurisdiction."
Facts or proof of facts presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay," and "testimony."
A legal document in which a person provides evidence of certain facts and events in writing, as if the evidence was given orally in court. Affidavits must be notarized by a lawyer or notary public who takes the oath or affirmation of the person making the affidavit to confirm the truth of the affidavit. Affidavits are used as evidence, just as if the deponent, the person making the affidavit, had made the statements as a witness. See "deponent" and "witness."
In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. Also the historic decisions of the court. See "action," "case law, " "court proceeding," and "precedent."
In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "natural parent," and "stepparent."