Affidavit Draft For Family Law

Summary

Drafting an affidavit for an interim hearing under Section 60CC of the Family Law Act involves providing a structured document that includes your relationship to the children, background information, and specific allegations such as domestic violence, substance abuse, and medical neglect. It should also summarize your concerns and the specific orders you are seeking. Ensure to include your full name, address, occupation, and signature with the date. For personalized guidance, consider consulting a family law attorney in Queensland.

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I am the applicant Aunt seeking parenting orders for my sisters * children *. I am the applicant in these proceedings. *. The first respondent is Naomi Patrice Taylor *. Family Violence *. I acknowledge that I have previously been subjected to domestic violence in my past relationships. *. I have witnessed domestic violence between Alastair and Naomi Domestic Violence Dayle Dayle assault on baby John. Naomi failed to report it to the police, another person did Domestic violence Nick Imogen heard the fighting between Naomi and Nick. Wass scared Seen Nick slam Naomi’s already broken arm in a door Said she thinks Nick stabbed Naomi’s purple cast Has nightmares of Nick killing her, Naomi, Elisie and John Order Mellissa Order between David and I still current, we have no contact. Naomi sent him messages asking to help her prove I use the system to abuse people. Around * beat mum up while she was holding Jordan. I was not home at the time I was at the shops I think Substance abuse Naomi accused Alastair of being back on drugs sometime in *, she claims she found a pipe in a drawer in their bedroom. Alastair did a drug test and only weed was present in his system. Dec * while moving out of her house into her new one, I was there helping her pack, and she asked me if I had any meth on me. I said no. She asked if I was saying no because I had none or no like I had some but wasn’t going to give her any. I had been clean for a few months so definitely did not have any I recall * occasions Naomi admitted to me that her and Alastair would use meth occasionally on the weekends. Around April/May *, Naomi and her then partner Dayle, sold drugs to a family member. Would have cones while the kids were in the same area, sometimes even next to her. Naomi claims that the entire street she lives on smells of weed due to it being low-income government housing. I would agree this would be the case if she lived in units, not actual houses. Prescribed duromine * Short term medication for obesity.. Naomi is not obese Treatment course reviewed after 3 months. If true, she still drinks while taking it which the Both Emma and I knew what the Q-tip was used for as Emma lived with her crackhead for along time, I know what it was used for as I once used drugs. Have been clean for well over 12 months The neighbor saying to Naomi about the ambulance being at her house ‘I thought you did to many lines sis’ Neighbor told Jordan while he was helping her move a couch ‘if they get to drunk or high over there, you just come over here’ Has tried to encourage my 14 year old (between *-* at the time) to drink alcohol with her even though she knows how I feel about alcohol in general. Medical neglect * I picked Imogen up between *-5pm from Naomi’s after a domestic violence incident, I noticed she looked unwell. Did speak to Naomi about it and suggest she go to a doctor. Not long after that Naomi said she had organized for Imogen to go to my mothers house the next morning. Mum took her to the hospital. In now removed affidavit by Naomi says that Imogen not receiving medical treatment for an additional * hours, therefor does not indicate a pattern of neglect on her part but rather a failure on my part to prioritize Imogen’s health. First questioned Naomi about Johns cough sometime June/July * said she had been to the doctor and the doctor said he was fine. Nov/Dec * still had cough, Naomi said again she had taken him back to the doctor and the doctor said nothing was wrong Jan * when he stayed the night he coughed all night, mentioned it to Naomi again and she claimed she had taken him back again and still nothing wrong Sept * – When Naomi dropped them off to my house, John coughed, and Naomi said ‘oh he just started coughing yesterday’ he was up all night coughing. In a conversation with Yvette, she said something about him having that cough all the time. He spent a night or so at mum’s, she said he did nothing but cough all night. Naomi claims that young children can not be diagnosed with asthma at Johns age v however in the QLD Gov Chronic Conditions Manual, children can be diagnosed from the age of * Naomi claims that she sent a spacer and puffer with the children. She did not. Naomi claims that boils are a common for children. According to raisingchildren.net.au, its rare for children with healthy immune systems to get boils. Naomi also claimed at the time that boils were circulating the kindy Elsie-Rose attended, however Pay had no idea about them and her kids go there Sept * when the kids came over for the night, Naomi said she had a telehealth appointment for Elsie’s ear infection and would send me the script once she received it. I msged her later that day asking about it and she claimed the doctor said she would be fine until the following day, before sending me the script about * minutes later. I took the script to the chemist where the pharmacist told me that the drops that had been prescribed were eye drops and under no circumstances should they be used in the ear as it could cause irreversible damage to the ear canal. I told Naomi what I was told, but she said that’s the drops she has been using for months so they are fine. Naomi says that her children are all fair skinned, which is true but there is a difference between fair skinned and sickly looking pale. * Dec *, girls came with me after family report, naomi messaged saying she forgot to tell me Using the kids as tools Naomi has consistently used her children as tools to get people to do as she wants Msged lauclan even though Naomi claims he is a danger to her and the kids and current DVO in place. Would restrict my access to Imogen as a baby/toddler if I refused to watch Imogen last minute as I had plans Has told me many times I need to chose between her kids and other people. Told Emma that she was not allowed to see the kids as she is in support of my application and the only reason I can see them is because she legally has to. Claiming John needed certain comfort items to help him fall asleep, but did not pack them knowing it would be difficult for him to settle that night. Threatening to breach mums DVO if she does not have me withdraw my application. Day before court in Oct, Naomi rang Nana and told her that she would kill herself if she lost her children and asked Nana to talk me into withdrawing my application. When picking the kids up from Emma, screamed out from the car ‘none of you dogs will see these kids again’ * min long voice message of her questioning the kids about their time with me Mental Health Naomi claims that she has never been diagnosed with any serious mental health conditions, has told me on many occasions that she was diagnosed with BPD Mum got a court order for her to be hospitalized at the mental health unit I have been diagnosed with Anxiety and Depression which is being appropriately managed. I take my medication consistently I was seeing what’s her name weekly for three months, which then changed to every second week. Am currently trying to find a new psychologist Naomi’s beliefs of other people telling me things Believes all my concerns are because people have been telling me things that are not true. She claims I have heard everything from either my friends Shantel or Jacob. Shantel tried to talk me out of filing my application as she feared how Naomi would retaliate. Naomi tried to say I was with Nick last week, I was not Naomi said she seen my car parked out the front of Jacobs house one night, impossible as my car was unregistered `Naomi’s filed material Affidavit Not having custody of Jordan. Was what was best for him at the time He was back with me not long after the final court hearing CIR said I was doing a great job. I have never attempted to manipulate Naomi by using her children or threatened to withhold them Rumors and false allegations regarding psychosis I have not spread any rumors. Hass been diagnosed with mental health condition Emma’s history and strained relationship Why is this even in here? Emma is one of the best parents I have met. Mother and protection notice Naomi started it over the date of Keanu’s birthday party Fractured mums eye socket, bleeding on her brain, was hospitilised Naomi brags about it saying she fucked around and found out Woodys role as a father and her relationship with him Naomi instigated many of the dv incidents Woody was reacting to the abuse from Naomi Has claimed in other filed material he isn’t a good dad though? Commitment to protecting children She did not leave Dayle upon discovering the abuse. She was not the one to report it to authorities either Concerns about me as a caregiver I agree to history of DV, and drug use I have been clean for over 12 months and have supports and plans in place to ensure I do not relapse I actually called * from the car for help, Jordan was asleep the entire time No idea about criminal activity and dangerous individuals.. Notice of risk Drug or alcohol misuse I don’t know where she got 3gms a day from I wont only date ‘aspiring drug dealers’ David was a telecommunications field laborer Abduction or threats of harm I have never refused to return any of her children to her Other concerns I have not been in and out of their lives on my own accord. I would often be banned form seeing them over petty things Details of alleged abuse The video was sent to multiple different people when they had an argument over something It was not a sponge, it was a block I do not believe I have used coercive control towards Naomi I do not speak to her in a downgrading manner, I’m just very blunt and to the point and wont agree with whatever she says to save an argument, which she does not like Much of the dv between Naomi and woody, I have witnessed Naomi instigate the argument Steps or orders required for safety I don’t discuss anything with anyone anyway Within an hour is a little controlling I do not discuss Naomi with anyone other than Emma No need for DVO? Concerns regarding the people around the children Summer (relative of Dayle) Has threatened to stab Naomi and kidnap the children Has then had Summer around the kids after this Leonie (relative of Dayle) Threatened to burn her house down Naomi let her stay at her house and then Leonie sold all of hers and the kids belongings Racheal Naomi claimed she had tried to home invade Naomi, however when Naomi went to hospital in Nov, Rachael was the one left with the children Justin/Kid Naomi claimed he had been arrested for home invasion, stealing her car and rape. Was then down the coast with Naomi and the children the following week Her relationships with others *-minute screen recording sent to me by Naomi between her and ‘Tarnz’ Is friends with someone one minute, then will accuse them of something, usually home invasion or rape then will be friends with them in the following week or so. Even after they have threatened her home or children Claims Summer tried to carjack her while Imogen was asleep in the back seat, was then friends with her the following week. Summer is also not even * yet. * Oct said kids were going to emma but she had been up all night as she had been held hostage * Nov asked me to have kids as she was in a lot of pain I told her I didn’t have a car so I would sort one out and get them that afternoon.
are you there?
Hello! Yes, I'm here to help. From your detailed information, it appears that you are seeking parenting orders for your sister's children due to concerns about their wellbeing. Do you have a specific question regarding the process or the information you need for the affidavit?
Just what the layout of the affidavit should look like
Sure, I can help with that. Here's a general layout for an affidavit for an interim hearing in a family law matter under Section 60CC of the Family Law Act:
*. **Title**
- Affidavit of [Your Name]
- Filed on behalf of the Applicant
*. **Introduction**
- Your full name, address, and occupation.
- Statement indicating that you are the applicant.
*. **Body**
- **Background Information:**
- Relationship to the children.
- Relevant history and background.
- **Allegations and Concerns:**
- **Domestic Violence:**
- Detailed instances and evidence.
- **Substance Abuse:**
- Instances and evidence.
- **Medical Neglect:**
- Specific incidents and medical concerns.
- **Use of Children as Tools:**
- Examples and evidence.
- **Mental Health:**
- Concerns and any documented evidence.
- **Additional Relevant Information:**
- Any other issues that impact the children's wellbeing.
*. **Conclusion**
- Summary of your concerns.
- Request for specific orders you are seeking.
*. **Signature and Date**
- Your signature.
- Date of signing
are you able to show me a draft affidavit with the information i have provided?
Sure, I can provide a draft layout based on the information you provided. Here's a general structure:
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Affidavit of [Your Name]
Filed on behalf of the Applicant
*. **Introduction**
- I, [Your Full Name], of [Your Address], [Your Occupation], state as follows:
- I am the applicant in these proceedings seeking parenting orders for my sister’s three children.
*. **Background Information**
- I am the children's aunt.
- The first respondent is Naomi Patrice Taylor.
*. **Allegations and Concerns**
**Domestic Violence:**
- I have previously been subjected to domestic violence.
- Witnessed domestic violence between Alastair and Naomi.
- Specific incidents involving Dayle assaulting baby John and Nick harming Naomi.
**Substance Abuse:**
- Naomi accused Alastair of drug use; he tested positive only for weed.
- Naomi admitted using meth occasionally.
- Instances of Naomi seeking drugs and selling drugs with Dayle.
**Medical Neglect:**
- Imogen's health was neglected after a domestic incident.
- John's persistent cough not properly addressed.
- Misuse of prescribed medication for Elsie’s ear infection.