Difference between revisions of "How Do I Prepare an Affidavit?"

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| align=right |  <tt>1.</tt>||<tt>I am the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.</tt>

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| align=right |  <tt>2.</tt>||<tt>I make this my affidavit in support of my application by Notice of Application dated 1 April 2013.</tt>

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| align=right |  <tt>1.</tt>||<tt>I am the sister of the Claimant in this matter, and as such have personal knowledge of the facts hereinafter deposed to.</tt>

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Affidavits drafted by me often look something like this:

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| align=right |  <tt>1.</tt>||<tt>I am the Claimant in this matter and as such have personal knowledge of the facts hereinafter deposed to.</tt>

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| align=right | ||<tt>'''Application'''</tt>

| align=right |  <tt>2.</tt>||<tt>In my application, by Notice of Application dated 15 January 2010, I seek an order that the Respondent be restrained from removing the children, Sally Ann Doe, born on 1 January 2008, and John Fred Doe, born on 1 January 2009, from Kelowna, British Columbia, and an order that the Respondent pay support to me for the benefit of the children.</tt>

| align=right |  <tt>3.</tt>||<tt>In the Respondent's application, by Notice of Application dated 1 January 2010, he seeks an order that I pay spousal support to him. I oppose the Respondent's application because he works full-time and is self-sufficient.</tt>

| align=right | ||<tt>'''Background'''</tt>

| align=right | <tt>4.</tt>||<tt>I am 32 years old and am presently employed as an <span class="noglossary">accountant</span> by the firm Smith Smith and Smith. I earn approximately $42,000 per year.</tt>

| align=right | <tt>5.</tt>||<tt>The Respondent is 34 years old and works full-time as a bricklayer with ABC Contracting. He earns about $38,000 per year.</tt>

| align=right | <tt>6.</tt>||<tt>The Respondent and I met in the summer of 1996, and moved in together on 1 January 1997. We lived together in a unmarried relationship until 1 January 2012, when the Respondent left our home.</tt>

| align=right | <tt>7.</tt>||<tt>The Respondent and I have two children, Sally Ann Doe, who is 5 years old and in Grade 1 at Foggy Bottom Elementary, and John Fred Doe, who is 4 years old and in pre-school at ABC Community Centre.</tt>

| align=right | <tt>8.</tt>||<tt>I started this action on 1 July 2012, when I filed my Notice of Family Claim. I am asking for an order that the Respondent and I share parental responsibility for the children, that the children live mostly with me and that the Respondent have parenting time with the children every other weekend and overnight every Wednesday. I also seek an order that the Respondent pay child support to me for the benefit of the children.</tt>

| align=right | <tt>9.</tt>||<tt>On 1 September 2012, Master Smith made an order that the Respondent and I share parental responsibility for our children. The Master did not make an order for parenting time or child support, but the Respondent has been seeing the children on weekends and has been paying $200 per month to me as child support.</tt>

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| align=right | || <tt>'''Circumstances of application'''</tt>

| align=right | <tt>21.</tt>||<tt>On 25 December 2012, the Respondent had Sally and John from noon until 7:00pm. We had agreed that he would return the children to my home at that time.</tt>

| align=right | <tt>22.</tt>||<tt>The Respondent did not return the children as we agreed. I phoned him to find out what was wrong at 8:00pm. He told me that he was keeping the children until 27 December 2012 because his family wanted to see them on Boxing Day. He also said that he and the children would be moving to Calgary, Alberta.</tt>

| align=right | <tt>23.</tt>||<tt>The Respondent has family in Calgary. I am afraid that he intends to remove the children from Kelowna, where they have spent all of their lives and where they have family and friends.</tt>

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| align=right | || <tt>'''Summary'''</tt>

| align=right | <tt>45.</tt>||<tt>As a result of the Respondent's conduct I believe that the Respondent may decide to take the children to Calgary. I seek an order that the Respondent be restrained from removing our children from Kelowna without my express permission or the further order of this Honourable Court.</tt>

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When you attach an exhibit, you have to introduce it in your affidavit. You can't just attach reams of documents to the back. You have to explain what the document is in your affidavit and say that the document you are attaching is a "true copy" of the original. Each exhibit is identified sequentially by a letter, "A," "B," "C," and so forth. For example:

Each separate exhibit is marked as an exhibit and shows which exhibit it is. Lawyers and notaries public <span class="noglossary">will</span> have a stamp that they use to give the basic information. The stamp says something like this: