Form · Family Law
Affidavit – Family law and child support: when it is needed, how to complete it, and keeping AI out of the evidence
Link to the Court's general family law affidavit form and fact sheet, with a guide to when an affidavit is required, its form and annexures, swearing, service, and why AI must not write a witness's evidence.
- Kind
- Form. A form to complete, or a guide to completing an official one.
- Where it applies
- Australia, Commonwealth
- AI use
- Red Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the official form at fcfcoa.gov.au and the 4 authorities it cites, for Australia and Commonwealth.
- Version
- 1
- Source
- Link to the official form. Licence: © Commonwealth of Australia (Federal Circuit and Family Court of Australia). Court forms are excluded from the Court's CC BY-ND 3.0 licence: link only, do not copy or adapt the form.
Where this comes from
The official form is published by fcfcoa.gov.au; this page is a completion guide. Last checked on 2026-10-18.
When to use it
Use whenever a party or witness gives evidence by affidavit in family law or child support proceedings in the Federal Circuit and Family Court: with interim applications, allegations in a Notice of child abuse, family violence or risk, or as directed for a hearing.
Used for these tasks
- Draft an affidavit or witness statement from the proofing note
- Advise a client on using AI for their own affidavit
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
Lawyer-led. An affidavit is sworn evidence in the witness's own words; AI may index and organise documents for annexures and check the form, but must not draft, outline or rephrase any part of the evidence.
AI may
- Index and paginate proposed annexures and check every annexure referred to in the affidavit is attached and marked
- Check the finished affidavit against the Court's form requirements (heading, numbered paragraphs, jurat, pages signed) and list defects
- Search the witness's own documents for dates and references the lawyer asks for, with a source for each
AI must not
- Must not draft, outline, scaffold or rephrase any paragraph of the evidence
- Must not suggest facts, characterisations or opinions for the witness
- Must not process subpoenaed, disclosed or suppressed material in a tool that does not meet PD-AI para 5.5
The lawyer checks
- Every paragraph is the witness's own knowledge, or the source of information and belief is stated
- Facts, not argument or opinion, unless the witness is qualified to give the opinion
- Annexures referred to, marked and certified as the Rules and the witness require
- Sworn or affirmed before an authorised witness, and served on every other party (with the application if filed together)
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Official form
Open the official form. Always use the current version from the issuer. Licence: © Commonwealth of Australia (Federal Circuit and Family Court of Australia). Court forms are excluded from the Court's CC BY-ND 3.0 licence: link only, do not copy or adapt the form..
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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