Custody Affidavit Template for New Zealand

A Custody Affidavit is your sworn statement to the New Zealand Family Court about your children's care arrangements. This legal document presents evidence about current living situations, proposed changes, and factors affecting your children's wellbeing. Under New Zealand law, the Family Court relies heavily on affidavit evidence when making decisions about day-to-day care, so your affidavit must be comprehensive, accurate, and legally compliant.

When do you need this document?

You need a Custody Affidavit when applying for parenting orders in the Family Court or responding to another party's application. This includes situations where you're seeking to establish initial custody arrangements following separation, modify existing court orders due to changed circumstances, or defend against another parent's application to change current arrangements. The document is also required when domestic violence concerns affect custody decisions, when relocating with children requires court approval, or when grandparents or other family members seek care orders. Emergency custody situations may also require an urgent affidavit to support interim applications.

Key legal considerations

Your affidavit must focus on the best interests of the child, which is the paramount consideration under the Care of Children Act 2004. Include specific details about your children's daily routines, educational needs, healthcare requirements, and emotional wellbeing. Address any safety concerns, including family violence history or protection orders, as these significantly impact custody decisions. Be factual and avoid emotional language or personal attacks against the other parent. Include evidence of your capacity to provide stable care, such as employment status, housing arrangements, and support networks. If proposing changes to existing arrangements, clearly explain why these changes serve your children's interests and how you'll maintain important relationships with extended family and the other parent where appropriate.

Legal requirements in New Zealand

Under the Family Court Rules 2002, your affidavit must follow specific formatting requirements and include prescribed information. The document must be sworn or affirmed before a Justice of the Peace, solicitor, or other authorized person as required by the Oaths and Declarations Act 1957. Include full details of all children involved, current living arrangements, and your relationship to the children. The affidavit must comply with Evidence Act 2006 requirements for admissible evidence, meaning statements must be based on your direct knowledge or clearly identify hearsay evidence. If family violence is relevant, reference any protection orders or safety concerns as required under the Family Violence Act 2018. The court may require supporting documentation such as school reports, medical records, or character references to be attached to your affidavit.