I am struggling to write my affidavit for family court at the end of next month, I’m yet to be appointed a lawyer.its bringing up all these emotions of the past domestic violence and I am feeling anxious. I didn’t keep a good record of dealings with him other then my diary. His attached texts where I did get mad at him, but his excluded what he said to me. This is hard emotionally and mentally draining how do you get thru this. But most importantly will the kids be ok, gosh I hope so….
Seriously, get a good lawyer to help you write it. I’m in the process at the moment and whilst it’s expensive, I never could’ve done it without one because it would’ve been too full of irrelevant material. In your affidavit I would be stating that your ex has deliberately tried to misrepresent you by only including half the conversation. The court should see through this…
The one thing an affidavit can’t include is “emotion” or opinion. Basically a record of events. Sorry if others have stated that! And it can be as long as it needs to be. My laywer dictated mine and it was very very long. Basically there was a LOT of important information that needed to be included. (Exp: 4 years in FC) it is difficult and you will feel it. Try and see it as grieving and healing. Emotions need to be processed, even the very painful ones. Oh, and take your time 🙂
I feel your pain about writing your affidavit. I cried rivers while writing mine. As said in another reply it is cathartic, it can take some of the sting out of the memories. I also agree about keep the emotion out, state the facts. It is required by the court process, but it’s also good for you to see it as it is. One observation I would make of my time in family court though, is that I found the court could not be relied on to see past the ex’s nonsense. I am pretty sure that the affidavits hadn’t even been read prior to hearings because no comment was made regarding the glaring inconsistencies between his various affidavits. Be factual, be honest and be consistent. Take care of yourself.
Thanks so much I have made a start and hopefully have it done over the next few days. I will be using a legal aid lawyer, he has a lawyer. Unfortunately I’m not in a position to pay for one,that worries me as legal don’t take you to final hearing…. When I left no property settlement has been done. I walked away to protect our children. And it’s too late to even get a settlement. I feel like I let my kids down big time. I feel like a failure as a mum when I can’t always get the things they want or need.
I know it can be difficult for you to bring back or trying to remember the things that happened in the past I suggest you seek legal assistance regarding this so you won’t missed on the important and valuable information you need to include.