---
title: "Affidavit – Family law and child support: when it is needed, how to complete it, and keeping AI out of the evidence"
url: "https://ailawframework.com/precedents/family-law/form-affidavit-family-law"
type: "precedent"
site: "AI Law Framework"
id: "a16-form-affidavit-family-law"
area_id: "A16"
kind: "form"
ai_level: "red"
version: 1
task_ids: ["A16-T1-R2", "A16-B6-3"]
law_stated_as_at: "2026-10-18"
---

# 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.

Canonical page: https://ailawframework.com/precedents/family-law/form-affidavit-family-law  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at fcfcoa.gov.au and the 4 authorities it cites, for Australia and Commonwealth.

## 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](https://ailawframework.com/practice/family-law/draft-an-affidavit-or-witness-statement-from-the-proofing-note.md)
- [Advise a client on using AI for their own affidavit](https://ailawframework.com/practice/family-law/advise-a-client-on-using-ai-for-their-own-affidavit.md)

## 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)

## Authorities

- [Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), including r 2.04 (affidavit setting out the evidence for an allegation in a Notice of child abuse, family violence or risk) and r 5.04](https://www.legislation.gov.au/F2021L01197/latest/text)
- [Federal Circuit and Family Court of Australia, Practice Direction: Use of Artificial Intelligence (PD-AI), paras 4.7, 4.9 and 5.5](https://www.fcfcoa.gov.au/pd/pd-ai)
- [Federal Circuit and Family Court of Australia, fact sheet: Preparing an affidavit](https://www.fcfcoa.gov.au/pubs/preparing-affidavit)
- [Federal Circuit and Family Court of Australia, Notice of child abuse, family violence or risk (when an affidavit must accompany it)](https://www.fcfcoa.gov.au/fl/forms/notice-cafvor)

## Official form

[Official form](https://www.fcfcoa.gov.au/fl/forms/affidavit)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/family-law/form-affidavit-family-law and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*