Parenting Proceeding Affidavit Template for England and Wales

A Parenting Proceeding Affidavit is a sworn statement that you must file in any legal proceeding involving child custody, visitation, or parenting time. This critical document provides the court with comprehensive information about your children's living arrangements and any existing legal proceedings, ensuring that the proper court has jurisdiction over your case.

When do you need this document?

You are required to file this affidavit whenever you initiate or respond to custody proceedings, modification requests, or enforcement actions. Courts mandate this document in divorce cases involving children, paternity proceedings where custody is disputed, guardianship petitions, and when seeking protection orders that affect parenting arrangements. The affidavit is also necessary when relocating with children across state lines or when another party files competing custody claims in different jurisdictions.

Key legal considerations

Your affidavit must include accurate information about your children's residency history for the past five years, including addresses and the identity of all persons who had custody during this period. You must disclose any prior or pending court proceedings involving the children, including the court location, case numbers, and current status. The document requires detailed information about all individuals claiming custody or visitation rights, their relationship to the children, and the basis for their claims. False statements in this sworn document constitute perjury and can result in criminal charges and adverse custody decisions. Courts use this information to determine whether they have subject matter jurisdiction and whether another state's court would be more appropriate to handle the case.

Legal requirements in United States

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), adopted by all 50 states, courts must have proper jurisdiction before making custody determinations. Your affidavit helps establish this jurisdiction by documenting your children's "home state" - typically where they have lived for six consecutive months before the proceeding. The Parental Kidnapping Prevention Act (PKPA) requires courts to recognize and enforce custody orders from other states, making accurate disclosure of existing orders crucial. If your children are Native American, the Indian Child Welfare Act (ICWA) may apply, requiring additional notifications and procedures. State family law statutes and local court rules establish specific formatting requirements, filing deadlines, and notarization procedures that vary by jurisdiction. Many courts require the affidavit to be filed with your initial petition or response, and you must update it if circumstances change during the proceedings.