F32.02A-Affidavit (Family Law)

Jurisdiction: Country: Canada | Province or State: Newfoundland and Labrador

What is a F32.02A-Affidavit (Family Law)?

The F32.02A-Affidavit (Family Law) is a sworn written statement. You use it to present evidence in a family court case. It belongs to the Supreme Court of Newfoundland and Labrador. You sign it under oath or affirmation before a commissioner for oaths or a notary public. The court treats it as evidence, just like testimony in the witness box.

You usually use this form when you need to prove facts. You will support an application, a response, or a request for an interim order. The affidavit should tell the court what you know from personal knowledge. It should attach documents that back up your account. It should be concise, accurate, and organized.

Who typically uses this form?

Self‑represented litigants use it often. Lawyers also draft it for clients to swear. The deponent is the person who swears or affirms the affidavit. That could be you as the applicant or respondent. It could also be someone with direct knowledge, such as a grandparent, a new partner, or an employer. The key is that the person signing knows the facts first-hand or identifies reliable sources.

Why would you need this form?

Because the court decides many family matters on documents. Judges rely on affidavits to understand the issues and make orders. You cannot assume the judge knows your story. You must put clear, credible facts before the court. The affidavit is the proper way to do that.

Typical usage scenarios include divorce, parenting, child support, spousal support, and property issues. You might file it with a new application. You might use it for an interim motion seeking temporary relief. You might use it to respond to your former partner’s affidavit. You might use it to vary an existing order due to a change in circumstances. You might also use it in an urgent situation, such as a request for without notice relief. In all cases, the judge reads your affidavit to understand what happened, what is needed, and why the law supports your request.

In family law, facts matter. Dates of cohabitation and separation matter. Children’s routines and needs matter. Income details and expenses matter. Parenting history matters. The affidavit is where you set this out. It guides the judge through what happened, step by step, and points to any attached proof.

When Would You Use a F32.02A-Affidavit (Family Law)?

You use this affidavit whenever you ask the court to act based on written evidence. Most family applications need at least one affidavit. If you start a claim for divorce with parenting and support, you will file one. If you respond to that claim, you will also file one. If you seek a temporary order for parenting time, you will file one. If you oppose a relocation, you will file one. If you want to vary child support because of an income change, you will file one.

Parents commonly use this form for parenting disputes. You set out the parenting history, current schedule, and each child’s needs. You describe any safety concerns and provide dates and examples. You might include school reports or medical letters as exhibits. You explain what schedule you seek and why it is in the child’s best interests.

Spouses use this form for support issues. You explain your income, employment history, and financial needs. You attach pay stubs, tax slips, and a recent tax return. You might refer to a separate financial statement for detailed budgets. You explain any special expenses for children. You set out the other party’s income if known, and the source of that information.

Parties use this form for property issues. You outline what assets and debts exist. You provide values and dates, and any appraisals. You attach statements or deeds as exhibits. You explain contributions and why a particular division is fair.

You also use this affidavit to bring urgent or interim requests. For example, you may ask for a temporary parenting order. You may ask for a restraining term in a family order. You may ask for exclusive possession of the home. In urgent matters, the judge will rely heavily on your affidavit. Clear, focused facts help the judge act fast and fairly.

Third parties sometimes use this form too. A grandparent may swear an affidavit about caregiving history. An employer may confirm work schedules or income. A teacher might verify attendance issues if appropriate. The key is relevance and personal knowledge.

Finally, you use this form to respond to allegations. If the other side makes claims, you address them directly. You confirm what is true, deny what is wrong, and provide your proof. You do this in numbered paragraphs so the judge can follow along.

Legal Characteristics of the F32.02A-Affidavit (Family Law)

This affidavit is evidence. It is legally binding because you swear or affirm it. When you sign before a commissioner, you promise that what you say is true. Making a false statement risks serious penalties. It can amount to perjury. It can harm your credibility and your case. The court may also order costs against you if you misuse affidavits.

What ensures enforceability?

Several features do. First, the jurat proves the document was sworn or affirmed. The commissioner confirms your identity and that you signed in their presence. Second, the affidavit format uses numbered paragraphs. This helps the court test each fact. Third, exhibits are marked and initialed. This ties documents to your sworn evidence. Fourth, service and filing rules ensure fair notice to the other side. The court can then rely on your affidavit, knowing the process was proper.

There are rules on content. You should state facts within your personal knowledge. For interim motions, you may include information based on belief if needed. If you do so, you must identify the source and why you believe it. Avoid speculation and argument. The judge needs facts, not rhetoric. Keep opinions out unless you have relevant expertise and permission.

There are rules for exhibits. Each exhibit must be identified in the affidavit. The commissioner should mark and initial each exhibit. Refer to exhibits by letter and short description. For example, “Exhibit A is my 2024 Notice of Assessment.” Only attach relevant documents. Do not attach large bundles without explanation. If a document is lengthy, include the relevant pages and explain why you included them.

There are privacy considerations. Family files are not public in the same way as other civil files. Still, protect sensitive details. Use children’s full names and dates of birth only when necessary. Do not publish the affidavit publicly. If safety is a concern, you can ask the court to restrict access to certain information. Do not include addresses or contact details that could risk harm unless the court needs them. If you must include sensitive material, consider asking for a sealing or redaction order.

There are procedural considerations. The court expects clear, concise affidavits. Unnecessary detail can distract from key points. Long affidavits can cause delay. Focus on the facts the judge needs to decide your request. Keep attachments organized and legible. Use a logical timeline. If you have already filed an affidavit, avoid repeating the same content. Refer to earlier affidavits where possible and update only what is new.

Credibility matters. Be accurate with dates and quotes. Correct errors quickly if you find them. Do not exaggerate. The judge will test your evidence against documents and other affidavits. Consistency helps you. Fairness helps you. Concede minor points that are true. Focus on what the judge needs to decide.

How to Fill Out a F32.02A-Affidavit (Family Law)

Follow these steps to complete the form properly.

1) Prepare your information

• List the orders you seek in your application or response. Your affidavit will support those orders.
• Create a timeline of key events. Include dates of cohabitation, marriage, separation, and any court orders.
• List the children’s full names and dates of birth. Note key facts about their routines and needs.
• Gather financial documents. Include recent pay stubs, tax slips, and your latest tax return and assessment.
• Gather other relevant documents. These may include school letters, medical notes, police occurrence reports, messages, or photos.

2) Complete the court header (style of cause)

• Court file number: Enter the number exactly as it appears on your case.
• Judicial centre: Enter the location of the court handling your file.
• Parties: List names as shown in your case caption. Use “Applicant” and “Respondent.”
• Keep the spelling and order consistent with previous filings.

3) Identify the deponent

• State your full legal name.
• State your role. For example, “I am the Applicant,” or “I am the Respondent,” or “I am the child’s grandparent.”
• Provide your municipality and province. You usually do not need your full street address in the body. Your address for service appears on a separate page or as required.

4) Choose an oath or an affirmation

• You can swear a religious oath or make a solemn affirmation. Both carry the same legal weight.
• Decide which you prefer. The commissioner will administer it.

5) Write your evidence in numbered paragraphs

• Use short, clear paragraphs. Number each one.
• Start with background:
• Date you began living together, date of marriage (if applicable), and date of separation.
• Names and birthdates of the children.
• Current living arrangements.
• Then address each issue in turn:
• Parenting: Describe caregiving history, daily routines, decision-making, and any incidents. Focus on the children’s best interests.
• Support: State each party’s income and sources. Explain changes and needs. Refer to your financial statement if filed.
• Property: List assets and debts with values and dates. Explain key contributions and proposals for division.
• Safety concerns: Describe specific events with dates. Attach reports if available. State any no-contact or safety plans.
• Use plain, factual language. Avoid argument. For example, say “On June 12, 2024, the school called me about attendance,” not “They are a terrible parent.”
• If you include information on belief, say so and name the source. For example, “I am informed by my employer, Pat Jones, and believe that the attached schedule is accurate.”

6) Refer to exhibits properly

• Introduce each document in the body before attaching it. Example: “A copy of my 2023 tax return is attached as Exhibit A.”
• Mark exhibits in order: A, B, C, and so on.
• Use clear copies. Ensure names and dates are legible.
• Highlight the relevant parts with a sticky tab or note if allowed. Do not alter documents.
• The commissioner should initial each exhibit label. Keep exhibits securely attached.

7) Keep the scope relevant

• Include only facts that help the judge decide the orders you seek.
• Avoid long chains of texts or emails unless necessary. Provide key screenshots with dates and context.
• Do not attach audio or video to the affidavit. Explain that such media exists and how to provide it if the court requests.

8) Draft a fair and focused conclusion

• Summarize the key points. Example: “I ask for a temporary parenting order as proposed because it reflects the children’s routine and school schedule.”
• Keep the conclusion brief. The application sets out your requests. The affidavit should support them with facts.

9) Review for accuracy and completeness

• Check names, dates, and numbers.
• Ensure each exhibit is referenced and attached in order.
• Remove repetition and emotional language.
• Confirm that confidential details are handled appropriately. If you need privacy protections, be prepared to seek directions from the court.

10) Arrange the commissioning

• Do not sign the affidavit yet. You must sign in front of a commissioner for oaths or a notary public.
• Bring government-issued photo ID.
• The commissioner will ask if you understand and believe the contents are true. They will administer an oath or affirmation.
• Sign the affidavit in the commissioner’s presence. Initial any corrections in front of them.
• The commissioner completes the jurat. It includes the place, date, and their official designation. They will sign and stamp, if applicable.
• The commissioner should mark and initial each exhibit letter.

11) Make copies

• Make at least two copies after commissioning. One set is for filing. One set is for service on the other party. Keep one for your records if possible.
• Ensure all exhibits are included in each copy.

12) File and serve

• File the original sworn affidavit with the Supreme Court registry handling your case.
• Pay any filing fee if required.
• Serve the filed affidavit on the other party or their lawyer using an accepted method. Keep proof of service.
• Note any deadlines. Affidavits often have filing and service timelines before hearings.

13) Prepare for the hearing

• Bring your filed copy to court, with tabs for exhibits.
• Be ready to answer questions about your affidavit.
• If new facts arise, consider whether a supplementary affidavit is needed. Seek permission if required and meet any timelines.

14) Schedules and organization tips

• If you have many exhibits, create a short exhibit list. Include exhibit letter, date, and a one-line description.
• For large financial attachments, use a schedule. For example, “Schedule 1: Summary of Assets and Debts.” Then attach supporting statements as exhibits.
• Use consistent labels. Refer to schedules and exhibits the same way throughout.

Common mistakes to avoid:

• Signing before completing the final draft. You cannot change content after commissioning without re-swearing.
• Mixing argument with facts. Save the argument for your brief or for submissions.
• Including hearsay without naming the source. Always state who told you and when.
• Overloading exhibits without explanation. Every document should have a purpose.
• Missing deadlines. Late affidavits may not be accepted or may attract costs.
• Omitting the jurat or commissioner’s details. An uncommissioned affidavit is not valid.

Practical examples:

• Parenting: “Since September 2023, I have taken Emma to school daily. I attend her therapy on Wednesdays. The proposed schedule matches this routine. See Exhibit B, her attendance summary.”
• Support: “My 2024 year-to-date pay stubs show variable overtime. The average gross monthly income is $4,800. See Exhibit C, payroll summary.”
• Property: “We purchased the home on May 14, 2018, for $320,000. Current appraised value is $410,000. See Exhibit D, appraisal. The mortgage balance is $275,000. See Exhibit E, statement.”

If you follow these steps, you will present clear, reliable evidence. The judge will be able to follow your story and see your proof. That is the purpose of the F32.02A-Affidavit (Family Law): to help the court make informed decisions that affect your family.

Legal Terms You Might Encounter

• Affidavit. This is your written statement of facts, sworn or affirmed to be true. You use the F32.02A-Affidavit (Family Law) to present evidence to the court in support of your request or response in a family case. The court treats your affidavit as evidence, not argument.
• Deponent. You are the deponent. That means you are the person making the affidavit. Your name appears in the caption and in the jurat (the signing block) as the person who swore or affirmed the content as true.
• Sworn or affirmed. “Sworn” means you took an oath to tell the truth. “Affirmed” means you made a solemn promise without a religious oath. Both have the same legal effect. On the F32.02A, you will choose one and sign in front of a commissioner for oaths or a notary public.
• Commissioner for oaths or notary public. This is the official who takes your oath or affirmation. They verify your identity, watch you sign, and complete the jurat on the last page. You cannot sign the F32.02A on your own. Commissioning must occur before filing.
• Jurat. This is the certification block near the end of the affidavit. It states where and when you swore or affirmed, and before whom. The commissioner or notary signs and often stamps this section. The jurat confirms the affidavit’s validity for court purposes.
• Exhibit. An exhibit is a document you attach to your affidavit to support a fact you state. Each exhibit must be marked with a letter (A, B, C) and an exhibit stamp or certificate signed by the commissioner. When you refer to an exhibit in your F32.02A, use clear labels such as “Exhibit A is the school attendance report dated May 10, 2025.”
• On information and belief. Sometimes you do not have first-hand knowledge of a fact, but you believe it to be true based on reliable information. In those cases, you may write “I am informed by [name] and do believe that…” Only include information and belief where appropriate. Make it clear which parts are based on personal knowledge and which are not.
• Applicant and Respondent. Family cases usually refer to the “Applicant” (the person who started the case or motion) and the “Respondent” (the person responding). Your F32.02A identifies these roles at the top. Use the same party titles used on your other court documents, so the file stays consistent.
• Service and proof of service. Service means delivering filed documents to the other party in the approved way. Proof of service shows the court that you did so, often through an affidavit of service. While the F32.02A presents your evidence, you will often file it and then serve it on the other party within the timelines set by the court.
• Material fact. A material fact is a detail that the judge needs to decide the issue before the court. The F32.02A should focus on material facts, not background that does not affect the decision. If a detail will not change the outcome, leave it out.
• Hearsay. Hearsay is a statement made outside of court that you repeat to prove the truth of the statement. Courts limit hearsay. Family affidavits sometimes allow it if you identify the source and explain why you rely on it. Keep hearsay to what is reasonable and necessary, and separate it from your first-hand knowledge.
• Interim order. An interim order is a temporary order made before the final hearing. You often use the F32.02A to support a request for an interim order on parenting, child support, or exclusive possession of the home. Tailor your evidence to the interim issue, not the entire history of the relationship, unless it is directly relevant.
• Parenting time and decision-making responsibility. These are common family law terms for time with a child and the authority to make major decisions. If your affidavit touches on parenting, focus on the child’s schedule, the practical needs, and facts relevant to the child’s best interests, not opinions about the other parent.

FAQs

Do you have to sign the F32.02A in front of a commissioner or notary?

Yes. You must sign in front of a commissioner for oaths or a notary public. They will confirm your identity, witness your signature, and complete the jurat. If you signed on your own, you must re-do the affidavit properly. Many registries do not accept affidavits that are not properly commissioned.

Do you need exhibits, or can you refer to documents without attaching them?

Attach exhibits for documents you rely on, such as emails, texts, report cards, bank statements, or medical notes. Label each exhibit with a letter and have the commissioner sign the exhibit stamp or certificate. If you refer to documents without attaching them, the court may give them less weight or disregard them.

Do you need to serve the other party with your affidavit?

Usually, yes. After you file the affidavit with the court, you typically serve a copy on the other party. Service timelines can be short, especially for motions. Plan backward from your court date so you have time to commission, file, and serve. Keep proof of service in case the court asks for it.

Do you need to number paragraphs and pages?

Yes. Numbered paragraphs and pages make it easy for the judge and the other party to follow your evidence and point to specific parts during a hearing. Most courts expect clear numbering, consistent margins, and readable font size. Number exhibits by letter and identify them within your paragraphs.

Do you have to include everything about your relationship history?

No. Include only material facts tied to the request before the court. If the issue is temporary child support, focus on incomes, expenses, and the child’s needs. If the issue is parenting time, focus on the child’s schedule, caregiving history, and specific incidents that directly affect the child’s best interests.

Do you need to redact personal information?

Yes, where possible. Remove or black out social insurance numbers, full account numbers, and other sensitive identifiers from exhibits. If you must include them for clarity, include only what is necessary, such as the last four digits. Keep the unredacted version in your records unless the court directs otherwise.

Do you have to file a new affidavit if something changes after you sign?

Yes. Do not edit a sworn affidavit. If new facts arise, prepare and swear a new affidavit or a supplementary affidavit that explains the change. File and serve it as required. If a hearing is scheduled, file early so the court and the other party have time to review it.

Do you need a lawyer to complete the F32.02A?

No, you can complete it yourself. That said, you are responsible for the accuracy and completeness of your evidence. If the issues are complex or high-stakes, consider getting legal advice on focus, relevance, and proof. Good advice can help you avoid including improper or weak evidence.

Checklist: Before, During, and After the F32.02A-Affidavit (Family Law)

Before signing

• Confirm your current court file number and the correct court location.
• Check party titles (Applicant and Respondent) match your other documents.
• List the issues your affidavit will address (for example, parenting time, interim child support).
• Gather facts in date order. Create a timeline with dates, times, places, and who was present.
• Collect exhibits you plan to rely on:
• Emails, texts, and call logs (take screenshots with visible dates and contacts).
• School or daycare records, medical notes, counseling summaries, and attendance records.
• Pay stubs, tax returns, bank statements, support receipts, and childcare invoices.
• Police occurrence numbers or protection order documents, if relevant.
• Redact sensitive personal identifiers from exhibits (leave only necessary digits).
• Mark exhibits clearly with letters in the order you mention them.
• Verify children’s full names, dates of birth, and current schedules if parenting is at issue.
• Confirm incomes and sources for support issues. Include current and recent figures.
• Draft clear, numbered paragraphs in plain language. Separate facts from opinions.
• Identify any statements made on information and belief. Name the source.
• Remove track changes and comments. Use a readable font and consistent spacing.
• Check page numbers, paragraph numbers, and exhibit labels for accuracy.
• Book an appointment with a commissioner for oaths or a notary public.
• Print exhibits single-sided if possible. Ensure scans are clear if filing electronically.

During signing

• Bring government-issued photo ID for commissioning.
• Sign every page if required by the commissioner. Initial any corrections in the margin.
• Ensure the jurat is complete with date, location, and the commissioner’s full details.
• Have the commissioner sign and, if applicable, stamp each exhibit certificate.
• Verify names, file number, and court location on the first page.
• Confirm all pages are present, in order, and legible. Check page count.
• Make sure there are no blank spaces or unfilled fields. Draw a line through unused spaces if needed.
• Do not add or change content after the commissioner signs. Any change requires a new affidavit.

After signing

• Make one clean copy set for filing and one for your records. Include exhibits.
• File the affidavit with the correct court registry for your case.
• Pay any filing fees required for the specific step you are taking.
• Note the stamp or filing confirmation number on your copy for your records.
• Serve the filed affidavit on the other party within the required timelines.
• Prepare and file proof of service if the court requires it.
• Update your hearing or conference materials binder with the filed version and exhibits.
• Calendar follow-up dates, such as reply deadlines or the hearing date.
• Store your original in a safe place where you can access it quickly.
• If the court directs changes, prepare a new affidavit rather than editing the filed one.

Common Mistakes to Avoid F32.02A-Affidavit (Family Law)

• Don’t forget to have the affidavit properly commissioned. If you sign without a commissioner or notary, the court may reject your filing. You will lose time and may miss deadlines.
• Don’t attach unlabeled or confusing exhibits. If exhibits are not lettered and certified, the court may give them little or no weight. Label each exhibit and refer to it clearly in the text.
• Don’t argue or speculate. Affidavits present facts. If you include opinions, insults, or guesses, the court may discount your evidence. Stick to dates, times, actions, and documents that support your points.
• Don’t edit after swearing. Any change after commissioning undermines the affidavit. If you notice an error, prepare and swear a new affidavit or a supplementary one. The court expects a clean, sworn record.
• Don’t overload the court with irrelevant history. Long, unfocused affidavits make it hard to find the key facts. Judges prefer concise, relevant evidence that ties directly to the order you seek.

What to Do After Filling Out the Form F32.02A-Affidavit (Family Law)

File the affidavit. Submit the sworn or affirmed F32.02A, with exhibits, at the registry handling your case. Keep a copy of the filing stamp or confirmation page. If your matter is urgent, advise the registry staff when filing.

Serve the other party. Deliver a filed copy to the other party or their lawyer using an accepted method. Service timelines differ based on the step you are taking. Count working days carefully. Keep proof of service.

Track the response window. The other party may have a set time to respond or file a counter-affidavit. Note that date in your calendar. If you expect a reply, plan when you will review it and prepare any reply evidence if allowed.

Prepare for the hearing or conference. Organize a hearing binder with:

• Your filed F32.02A and exhibits.
• Key exhibits are printed clearly, with tabs matching the letters.
• A short list of the orders you are asking the court to make.
• A brief timeline of material facts for quick reference.

Bring an extra copy of your affidavit and exhibits to court. Expect the judge to ask you to point to paragraph numbers and exhibit letters.

Address new developments promptly. If facts change after you file, do not alter the existing affidavit. Prepare a new or supplementary affidavit. Keep it focused on the changes and why they matter to the decision.

Handle confidential material responsibly. Store a complete, unredacted version in a safe place. Only share what the court requires. Keep redacted versions for service and filing if directed.

Confirm scheduling and attendance details. Check the date, time, format (in-person or virtual), and location. Test your technology before a virtual appearance. Have a quiet space, a stable connection, and all documents ready.

Keep records. Maintain a file with:

• Filed versions of all affidavits and exhibits.
• Proof of service documents.
• Court notices or endorsements.
• Your notes from calls with the registry or the other party.

Good records save time and reduce stress as your case moves forward.

Plan for next filings. If your application requires additional steps, note the forms and deadlines now. Book commissioning time early. Assemble exhibits while events are fresh.

If settlement is possible, use your affidavit to guide productive discussion. Your sworn facts and exhibits can help narrow disputes. Be clear on what you can compromise and what you cannot, based on the child’s needs and practical realities.

Ensure consistency across documents. Cross-check that numbers, dates, and statements in your F32.02A align with your earlier filings, financial forms, and prior affidavits. Inconsistencies raise questions that can distract from your main points.

If the court gives directions, follow them exactly. Judges sometimes order page limits, filing formats, or deadlines for reply affidavits. Note these in your calendar and comply. If you cannot meet a deadline, seek directions as early as possible.

Finally, review your goals. After filing, revisit the specific orders you seek. Confirm your evidence supports each one. If a request lacks supporting facts or exhibits, consider whether to narrow or support it further before the hearing.