Affidavit Disclosing Care And Custody Template for England and Wales

An Affidavit Disclosing Care And Custody is a sworn legal document that provides detailed information about child custody and care arrangements to courts and legal authorities. When you're involved in family law proceedings in England and Wales, this document serves as formal evidence of current living arrangements, care responsibilities, and other factors affecting a child's welfare.

When do you need this document?

You'll typically need this affidavit during divorce proceedings where child custody is disputed, when applying for child arrangement orders, or when seeking to modify existing custody agreements. Courts require this sworn statement when there are concerns about a child's current living situation or when one parent seeks to change established care arrangements. The document is also necessary in cases involving domestic violence where protective measures might affect custody, or when a parent wishes to relocate with a child. Social services may request this affidavit during welfare investigations, and it's often required in international custody disputes or when enforcing foreign custody orders in England and Wales.

Key legal considerations

The affidavit must contain accurate, complete information as false statements constitute perjury under English law. You must include comprehensive details about the child's daily routine, living arrangements, education, healthcare, and emotional wellbeing. The document should address any special needs the child may have and explain how these are being met. You need to disclose any concerning incidents, including domestic violence, substance abuse, or criminal activity that might affect the child's welfare. The affidavit must also detail your relationship with the child, your parenting capabilities, and any support systems in place. Remember that courts prioritize the child's best interests above all other considerations, so focus on demonstrating how proposed arrangements serve the child's welfare rather than your own preferences.

Legal requirements in England and Wales

Under the Children Act 1989, the child's welfare is the paramount consideration in all custody decisions. Your affidavit must comply with Family Procedure Rules 2010, which specify formatting and content requirements for court documents. The document must be sworn before a Commissioner for Oaths, solicitor, or other authorized person, with proper witnessing and stamping. You're required to include a statement of truth declaring that the contents are accurate to the best of your knowledge and belief. The affidavit should reference relevant legislation, particularly if you're seeking specific orders under the Children and Families Act 2014. All supporting evidence, such as school reports, medical records, or witness statements, should be properly exhibited and referenced in the affidavit. The document must be served on all relevant parties according to court rules and within specified time limits.