Form 45 PFA – Affidavit – General

Jurisdiction: Country: Canada | Province or State: British Columbia

What is a Form 45 PFA – Affidavit – General?

Form 45 PFA – Affidavit – General is the standard affidavit used in British Columbia Provincial Court family cases. It is a sworn or affirmed written statement that sets out facts you want the court to rely on. You use it to present evidence in support of a request, or to respond to a request made by the other party. You can also use it to put documents and records before the judge as exhibits.

This form belongs to Provincial Court family proceedings. It connects to applications about parenting, guardianship, contact, child support, spousal support, protection orders, and other relief under the Family Law Act. It is not a contract. It is evidence. When you sign it before a commissioner, you promise the information is true to the best of your knowledge and belief.

Who typically uses this form?

Parents, guardians, spouses, and former spouses who have a case in Provincial Court. You may use it if you are the person bringing the application. You may also use it if you are responding. Sometimes third parties use it too. For example, a grandparent seeking contact may file an affidavit to set out facts about their relationship with the child. A counsellor, teacher, or family friend might also provide an affidavit if the court needs their firsthand evidence.

Why would you need this form?

Because most family applications in Provincial Court proceed on written evidence. The judge will usually read your Form 45 PFA before the hearing. The affidavit tells the court what happened, when it happened, and why your order should be made. It helps the judge understand the context, your child’s needs, each parent’s role, your income details, or any safety concerns. If the other party makes claims you disagree with, your affidavit is how you correct the record with facts.

Typical usage scenarios:

Interim parenting schedules, urgent protection orders, changes to child support due to reduced income, permission to relocate with a child, enforcement of existing orders, or responding to allegations about care or safety.

You also use an affidavit to attach proof. For example, you might attach report cards, pay stubs, tax slips, screenshots of messages, attendance records, safety plans, or medical appointment confirmations. Each attachment becomes an exhibit to your affidavit and forms part of the evidence.

In short, Form 45 PFA is the vehicle for your evidence in Provincial Court family matters. If you want the judge to consider a fact, put it in this affidavit or include it in an exhibit that you identify in this affidavit.

When Would You Use a Form 45 PFA – Affidavit – General?

You use this form whenever the court needs written evidence to decide a family issue in Provincial Court. If you are starting, changing, or enforcing a Provincial Court family order, your affidavit usually supports your notice of application. If you are responding, your affidavit sets out your side of the story and gives the judge reasons to make a different order.

If you are a parent seeking an interim parenting schedule, you would use Form 45 PFA to set out the child’s routine, the history of caregiving, your proposed schedule, and any concerns. You might include the child’s extracurricular schedule, calendars, and communications about pickups. Your affidavit explains why your plan promotes the child’s best interests with specific facts, not conclusions.

If you are asking for child support, you would use this form to explain the parenting arrangement and the payor’s income facts. You would attach financial proof like pay stubs or a Notice of Assessment if you have it. If you are the payor seeking a reduction because of job loss or reduced hours, you would explain what changed, when it changed, and attach recent records. If you are asking for special or extraordinary expenses, you would set out the nature of the expense, the child’s needs, the cost, and attach receipts or invoices.

If you are seeking a protection order, you would use this form to describe recent incidents that raise safety concerns. You would give dates, locations, what happened, who was present, and any police file numbers if you know them. You may include photos, messages, or medical notes if available. The focus is on clear, timely facts that show risk.

If you need permission to relocate with a child, you would describe the reason for the move, the plan for schooling and housing, the proposed contact with the other parent, and how the move serves the child’s interests. You would attach letters from a new school, proof of housing, or job offers where relevant.

If you are responding to the other side’s affidavit, you would use Form 45 PFA to answer their claims. You would correct inaccuracies point by point, with facts and documents where possible. You should avoid argument or insults. Stick to facts, dates, and attachments. If the other party says you missed pickups, you would provide calendars, messages, or school records that show what actually happened.

Self‑represented litigants commonly use this form. Lawyers also use it to put a client’s evidence before the court. Interpreters may be involved if you need language assistance. In all cases, the core idea stays the same: you give the judge reliable, clear facts in a sworn document and attach any records that support those facts.

Legal Characteristics of the Form 45 PFA – Affidavit – General

An affidavit is sworn or affirmed evidence. It is not a casual statement. When you sign the jurat before a commissioner for taking affidavits, you declare the contents are true to the best of your knowledge and belief. Making a false affidavit can have serious consequences. The court may reject your evidence, make costs orders, or take other steps. Sworn falsehoods can also engage criminal consequences.

Is it legally binding?

It binds you to the truth of what you state. It is not a contract, but it carries legal weight because it is evidence. Judges rely on affidavits to make interim and final orders. Your affidavit must be complete, accurate, and relevant. The court expects facts you witnessed or know personally. If you include information you learned from someone else, identify the source and say you believe it to be true. The weight of hearsay is lower than direct evidence, and in some situations it may be excluded. Keep your affidavit focused on admissible facts.

What ensures enforceability?

Proper form and commissioning. The affidavit must include the correct court file number and registry. It must identify you by name, city, and occupation. It must use numbered paragraphs. You must sign it in front of a commissioner, who completes the jurat with the date and place. Any exhibits must be marked and identified in the text, then attached with an exhibit certificate completed by the commissioner. If the affidavit has missing signatures, no jurat, or unmarked exhibits, the court may refuse to accept it, or it may carry less weight.

General legal considerations apply. Stick to facts, not argument. Do not include settlement discussions marked “without prejudice.” Do not attach documents that reveal full social insurance numbers, complete bank account numbers, or other sensitive identifiers. Redact such details. Use initials for children and include only necessary personal information. If safety is an issue, ask about filing measures to protect your current address or contact details. Keep the tone neutral and professional. Avoid speculation, labels, or diagnoses unless you are qualified and the court has asked for expert evidence. If you quote messages, reproduce the full context where possible, not selective excerpts.

Finally, timing and service matter. Provincial Court rules set timelines for when affidavits must be filed and served for a hearing. Late affidavits can be refused or cause adjournments. Read your notice of hearing. File and serve early enough for the other party and the court to review your evidence.

How to Fill Out a Form 45 PFA – Affidavit – General

Start with the court header. At the top, confirm the court level as Provincial Court. Enter the registry location where your family file is opened. Fill in the court file number exactly as it appears on prior documents. In the style of cause, list the parties’ names in the same order used in your case. If you are the applicant or respondent, keep the same labels throughout the case.

Identify yourself. The first lines of the affidavit will ask for your full legal name, your city and province, and your occupation or, if not employed, your status. For example: “I, Alex Chan, of Vancouver, British Columbia, accountant.” If you are a party, identify your role, such as “the claimant” or “the respondent.” If you are a third‑party witness, state your relationship to the parties or the child.

Write the body in numbered paragraphs. Each paragraph should deal with one idea. Keep sentences short and clear. Use dates and places. Avoid adjectives and argument. State what you saw, heard, or did. If you rely on information from another person, say who that person is and why you believe the information is reliable.

Lay out the facts chronologically. Begin with a brief context. For parenting cases, you can identify the children by initials and year of birth. Describe the current arrangement and any existing orders. Then explain the events that led to your application or response. Use exact dates when you can. If a date is approximate, say so. Provide the judge with a clear timeline that supports your request.

State what you are asking the court to do. Toward the end of the affidavit, include a short paragraph that links the facts to your request. For example: “Based on the facts above, I ask for an interim parenting schedule with exchanges at the school on Mondays and Thursdays.” Keep this short. The notice of application remains the formal document that sets out the orders you seek, but a clear ask helps the judge understand how the facts connect to your request.

Attach exhibits to prove key facts. If you refer to documents, label them as exhibits in the text and attach them. Use simple labels like “Exhibit A,” “Exhibit B,” and so on. For each exhibit, include a brief description in the paragraph that refers to it. For example: “Attached as Exhibit A is a true copy of my pay stubs for the last three months.” When you meet with the commissioner to swear or affirm your affidavit, the commissioner will mark each exhibit and complete an exhibit certificate. Keep exhibits legible and relevant. If a long thread of messages matters, include the full conversation, dates, and sender names so the judge sees context. Do not alter documents. If you must redact sensitive data, do so clearly and only as necessary.

Be precise with parenting facts. If you seek or oppose a parenting schedule, include caregiving details. Explain who handled school drop‑offs, medical appointments, meals, homework, and bedtime routines. Provide the current schedule and the child’s extracurricular commitments. Attach calendars or records if helpful. Avoid general statements like “I do everything.” Instead, give examples with dates that show your role.

Handle support facts with documents. If child or spousal support is in issue, attach income proof. That can include pay stubs, tax slips, a Notice of Assessment, or a letter from an employer. If you are self‑employed, include recent invoices or a year‑to‑date profit and loss statement. If you claim special or extraordinary expenses, attach receipts and explain why the expense is necessary for the child. If your income dropped, provide the date it changed and the reason, with supporting records.

Describe safety concerns with specifics. For protection orders or parenting conditions, give facts that show risk. State the date, time, and place of incidents. Describe what was said or done. Identify witnesses. Include photos or messages if appropriate. If police attended, include the file number if you know it. Avoid labels. Describe conduct.

Keep the affidavit concise. Judges prefer focused evidence. Cut repetition. Remove argument. Present enough facts to support each requested order and provide the proof the court expects in family cases.

Use an interpreter if needed. If English is not your first language, use a qualified interpreter when swearing or affirming. The commissioner will include an interpreter declaration in or with the jurat to confirm the interpretation. Do not have a child or opposing party interpret.

Review and finalize. Before you sign, read every paragraph. Correct errors. Initial any handwritten changes near the change. Make sure each page is numbered. Confirm every exhibit is attached and clearly marked in order. Bring government photo ID to your appointment with the commissioner.

Sign in front of a commissioner. Do not sign in advance. You must swear or affirm the affidavit in front of a person authorized to take affidavits in British Columbia. This includes lawyers, notaries public, and commissioners for taking affidavits. Many offer remote commissioning by video if arranged in advance. The commissioner will ask you to confirm your identity. They will then administer an oath or affirmation, watch you sign, and complete the jurat, which lists the place and date, and the commissioner’s name and capacity. The commissioner will also sign or stamp each exhibit’s certificate.

Make copies and file. After commissioning, make at least two copies: one for you, one for service. File the original affidavit with the Provincial Court registry for your file. The registry may return a stamped copy. If your hearing has a deadline, file well in advance. If an urgent order is requested, explain the urgency in your affidavit and file as directed by the registry.

Serve the other party. Serve a filed copy on every other party by an allowed method. Keep proof of service. The court expects the other party to see your evidence before the hearing, unless the court permits you to proceed without notice. If you filed urgent materials without notice, be prepared to serve them promptly after the initial order, as the court directs.

Prepare for questions. Judges may ask you to clarify portions of your affidavit at the hearing. Bring your original exhibits and any devices needed to view them. Bring two extra copies of key exhibits in case the court needs them. If the other party’s affidavit raises new issues, you may ask for permission to file a short reply affidavit, but you must follow timelines.

Respect privacy and limits. Remove unneeded personal identifiers. Use initials for children. Do not include more pages than necessary. If your affidavit is long because of exhibits, insert brief overview paragraphs to guide the judge through the attachments.

Common pitfalls to avoid include argument instead of facts, missing exhibit markings, unsigned jurats, and vague timelines. Fix these before filing. Your goal is simple: give the judge reliable, organized facts with clear proof attached, so the court can make a fair order that meets your child’s best interests and reflects your actual circumstances.

Legal Terms You Might Encounter

• Affidavit means a written statement of facts you swear or affirm to be true. With this form, your affidavit becomes evidence for the court. The judge reads it to understand what happened from your perspective.
• Deponent is the person who swears or affirms the affidavit. On this form, you are the deponent. You must sign in front of an authorized person who confirms your identity.
• Oath and affirmation are two ways to promise truth. An oath references a religious belief. An affirmation does not. Both carry the same legal weight for this form.
• Commissioner for taking affidavits is the person legally authorized to take your oath or affirmation. This can include certain professionals. That person watches you sign the form and completes the jurat.
• Jurat is the certification at the end of your affidavit. It records the date, place, and name of the person who administered your oath or affirmation. The commissioner signs the jurat after you swear or affirm.
• Exhibit is a document, photo, printout, or record you attach to support your facts. Each exhibit should be labeled and referred to by letter in your affidavit. The commissioner usually initials each exhibit.
• Style of proceeding is the case heading at the top of the form. It shows the court level, the case name, and the file number. It identifies your case in the court system.
• File number is the unique number for your court case. You place it on the first page of the form. Without it, the registry may not connect your affidavit to your file.
• Service means formally giving your filed affidavit to the other party or parties. You must use an accepted delivery method. You need to keep proof that you served it.
• Hearsay is information you learned from someone else, not from your direct experience. Courts may limit hearsay for some uses. Keep the form focused on facts you personally know, unless the rules allow otherwise.

FAQs

Do you have to sign this form in front of someone?

Yes. You must swear or affirm the form in front of an authorized commissioner. They verify your identity and watch you sign. Do not sign in advance. Bring identification and all exhibits. The commissioner completes the jurat after you swear or affirm.

Can you sign the affidavit by video?

In some situations, remote commissioning may be allowed. Conditions often apply. You may need to show ID on camera, scan every page, and confirm you are alone. Ask the commissioner about their process. If remote commissioning is not available, sign in person.

Do you need originals for exhibits?

You can usually attach clear copies. Make sure each page is readable. Keep the originals safe and bring them to court if needed. Refer to each exhibit in the body of your affidavit by letter, such as “Exhibit A.”

Can you include screenshots, texts, and emails?

Yes, if they help prove your facts. Capture the context, like names, dates, and times. Include full message threads if they matter, not only a single message. Avoid editing. If you must redact personal details, make sure the important parts remain clear.

Can more than one person sign the same affidavit?

No. One person per affidavit. If two people need to give evidence, each should prepare a separate affidavit. The court needs to know which person is swearing to which facts.

What if you make a mistake after swearing the affidavit?

Once sworn, you cannot change it by hand. Do not cross out or rewrite. If the error is minor, you may swear a brief supplementary affidavit to correct it. If the error affects key facts, prepare a new affidavit and swear it again.

Do you need to serve the other party?

Usually yes, if you plan to rely on the affidavit in court. Serve it by an accepted method. Keep proof of service. Some applications have deadlines for service. File early to allow time to serve and get confirmation.

Can you include what someone else told you?

Use caution. Rely on your direct knowledge when possible. If you must include second-hand information, say who said it and when. The judge decides how much weight to give it. If the source can provide their own affidavit, that is often stronger.

What if you do not remember exact dates?

Give your best estimate and say it is approximate. For example: “In early March 2024.” If you can, anchor your estimate to a known event, like a holiday or a meeting. Do not guess if you are unsure. Say you do not recall.

Do you need an interpreter?

If you are not comfortable in English, use a qualified interpreter. The interpreter may need to swear their own statement about the interpretation. This helps the court trust that your affidavit reflects your true words.

Checklist: Before, During, and After the Form 45 PFA – Affidavit – General

Before signing

• Confirm your case details: style of proceeding and file number.
• Gather full names, addresses, and contact details for all parties.
• List the facts you know first-hand, in date order.
• Pull supporting records: emails, texts, photos, letters, receipts, and reports.
• Mark potential exhibits. Use clear labels in your draft (A, B, C).
• Ensure each exhibit is complete and readable.
• Remove duplicates and irrelevant pages to keep it focused.
• Note any dates, amounts, and timelines that support your points.
• Prepare a short, neutral summary of what the court needs to decide.
• Have valid identification for the commissioning appointment.
• Book a commissioner and confirm if remote or in-person.
• Check any timing requirements related to your upcoming hearing.
• Plan how you will serve the other parties after filing.
• If you need an interpreter, arrange one in advance.

During signing

• Verify the style of proceeding and file number are correct.
• Confirm your name, address, and contact details are spelled correctly.
• Review every paragraph for accuracy and clarity.
• Ensure facts come from your own knowledge unless you clearly state otherwise.
• Check exhibits: each one is labeled, referenced in the text, and attached.
• Make sure each page number is visible and in order.
• Confirm the date and place of swearing or affirming are correct.
• Swear or affirm in front of the commissioner. Do not pre-sign.
• Sign every page if required by the commissioner’s practice.
• Ensure the commissioner completes and signs the jurat.
• Initial each exhibit and any corrections the commissioner approves.
• Get copies immediately if possible: one for you, one to file, and service copies.

After signing

• File the affidavit at the correct court registry for your case.
• Pay any filing fee, if applicable.
• Ask for a filed copy stamped by the registry.
• Confirm the hearing date and any filing or service deadlines.
• Serve the filed affidavit and exhibits on the other parties.
• Keep proof of service, such as a receipt or affidavit of service.
• Organize a hearing binder with tabs for each exhibit.
• Store the original in a safe place. Bring it to court if required.
• Calendar follow-up dates, like reply deadlines or the hearing itself.
• If new facts arise, prepare a supplementary affidavit promptly.

Common Mistakes to Avoid

Leaving out the file number or wrong party names

• Consequence: The registry may refuse filing. Your affidavit may not reach the judge’s file.
• Don’t forget: Match the names and file number exactly as they appear in your case.

Signing without a commissioner or signing in advance

• Consequence: The court may reject your affidavit. You may have to redo everything.
• Don’t forget: Sign only when the commissioner is watching and can verify your identity.

Mixing arguments or opinions with facts

• Consequence: The judge may discount your evidence or focus on the noise, not the facts.
• Don’t forget: State what you saw, heard, or did. Keep arguments for submissions, not this form.

Vague references to exhibits or unlabeled attachments

• Consequence: The judge may ignore the material because it is unclear or incomplete.
• Don’t forget: Refer to each exhibit in the text and attach it clearly as Exhibit A, B, C, etc.

Unreadable or incomplete exhibits

• Consequence: Key details may be missed. Your affidavit loses credibility.
• Don’t forget: Use clear copies. Include full pages and context like dates and sender details.

Altering a sworn affidavit by hand

• Consequence: The court may not accept it. You may face delays or costs.
• Don’t forget: To fix errors, swear a new or supplementary affidavit.

What to Do After Filling Out the Form

File the affidavit at the correct registry

• Take the signed original and all exhibits to the registry that holds your file.
• Ask for stamped copies for your records and for service.
• Confirm any deadlines tied to your hearing or application. Do not wait until the last day.

Serve the other party or parties

• Serve the filed affidavit by an accepted method.
• Ensure delivery includes all exhibits.
• Keep proof of service, such as an affidavit of service or a delivery confirmation.
• If service fails, try another approved method. Record your attempts.

Prepare for the hearing

• Create a clean hearing set: the affidavit plus exhibits with tabs.
• Highlight or flag key paragraphs and pages. Avoid writing on the originals.
• Bring the original exhibits if you may need to show them.
• Be ready to answer questions about how you obtained each exhibit.

Handle new information or corrections

• If you discover an error after filing, do not alter the filed document.
• Prepare a supplementary affidavit that corrects the record.
• Keep the correction short and precise. Refer to the original paragraph numbers.
• File and serve the supplementary affidavit as soon as possible.

Manage confidential or sensitive information

• Only include personal data that is necessary to prove your point.
• If you must redact private details, ensure the main information remains legible.
• Keep unredacted originals secure in case the court asks to see them.

Keep organized records

• Store a copy of everything you filed and served.
• Maintain a service log with dates, methods, and recipients.
• Save digital versions with clear file names and dates.
• Track deadlines for any reply affidavits or materials you expect from others.

If the court asks for changes

• Follow instructions precisely. Some changes require a new sworn affidavit.
• Do not modify a sworn document by hand.
• If page numbering or exhibit labels caused confusion, fix them in the new version.
• File and serve the updated documents promptly.

If your application resolves early

• If the issue settles, you may not need the court to read your affidavit.
• Confirm any cancellation steps with the registry.
• Keep your records, in case the issue resurfaces or the court asks for them.

Plan for future affidavits

• Note what worked well: clear dates, concise facts, and organized exhibits.
• Keep a template of your approach, not the form itself, for future use.
• Update your evidence list as events unfold to avoid last-minute rushes.