APPLICANT’S AFFIDAVIT – NON-FILING OF A FAMILY DISPUTE RESOLUTION CERTIFICATE
(In case of risk of abuse)
1.I am the applicant Mother.
2.I have filed an urgent application seeking parenting orders such that the [child/children] spend supervised time with X pending the appointment of an independent children’s lawyer, family report and our obtaining psychiatric evaluations.
3.I have sought orders pertaining to psychiatric assessments as a result of my having witnessed:-
(a)[Set out evidence of violence or mentally erratic behaviour, whether any condition has been diagnosed, responses to prescribed medication etc.]
4.The [child/children] currently reside/s with me, and I will do everything possible to keep [him/her/them] safe pending the Court’s determination as to their best interests.
5.In the meantime, while I do not wish to disrupt the bond between X and the [child/children], nor disrupt the [child/children]’s development, I am fearful as to X’s capacity to care for the [child/children] on an unsupervised basis, and the environment the [child/children] would be exposed to while in his care.
6.On [date] I made an appointment to attend the [place] Family Relationship Centre. The first available date for an intake was [time] on [date].
7.On [date] I spoke to [name] at the [place] Family Relationship Centre who informed me and I believe that it will be approximately [number] weeks following the intake before an appointment can be made for both parties to attend.
8.I telephoned the [place] Family Court Registry today, [date] and was informed (and I believe) that the earliest available date I could expect if an application was filed today was [date].
9.I infer from the above that if I attended the Family Relationship Centre and then applied to the Court, my Application would not be heard until [date].
10.This course could leave the children in the position of not spending time with [name], or [name] not being medically assessed for longer than is absolutely necessary.
11.I do not want the [child/children] to be without the care of both of [his/her/their] parents for any longer than is necessary, and have therefore brought this Application.
(In case of urgency)
12.I am the applicant.
13.I am applying for an order which will enable me to travel overseas with my [son/daughter] for a holiday, departing [place] airport on [date] and returning on [date].
14.On [date] I made an appointment to attend the [place] Family Relationship Centre. The first available date for an intake was [time] on [date].
15.On [date] I spoke to [name] at the [place] Family Relationship Centre who informed me and I believe that it will be approximately [number] weeks following the intake before an appointment can be made for both parties to attend.
16.I telephoned the [place] Family Court Registry today, [date] and was informed (and I believe) that the earliest available date I could expect if an application was filed today was [date].
17.I infer from the above that by the time I obtain a Family Dispute Resolution Certificate, it is unlikely that I will be able to obtain a hearing date which will allow me sufficient time to obtain a passport for my son/daughter prior to my intended departure date.