Children don’t do affidavits
You may wonder why the Court in parenting matters does not accept evidence directly from children involved in the dispute. To most parents it would be clear that it would be too damaging to a child to be involved in their parent’s dispute to that degree.
However in a recent parenting matter, one of the parents had no such reservations.
- The father had the 15 year old child swear an affidavit.
- He sought to rely on that affidavit in his parenting matter in court.
- The father sought an order that the child live with him and not be returned to the care of his mother.
- The father made allegations of child abuse against the mother.
- The Court found that the father had breached the Family Law Act, where it states that a child must not swear an affidavit in proceedings or be called as a witness in proceedings without a court order.
- The Court stated its concern that the father was trying to rely on the child’s affidavit.
- The Court ordered that the Affidavit of the child would not be read or accepted in the hearing.