The Affidavit of Legal Guardianship is a crucial document in Australian family law proceedings where someone seeks to assume legal responsibility for a child. This sworn statement is typically required when circumstances necessitate a change in guardianship, such as the death or incapacity of parents, child protection concerns, or family arrangements requiring formal legal recognition. The document must detail the proposed guardian's relationship with the child, their capability to provide care, and why the guardianship arrangement serves the child's best interests. It forms part of the court's assessment process and must comply with relevant state/territory legislation as well as the federal Family Law Act 1975. The affidavit requires careful preparation as it serves as formal evidence in guardianship proceedings and may be scrutinized by various stakeholders including courts, child protection services, and legal representatives.
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1. Deponent Details: Full legal name, address, and occupation of the person making the affidavit (proposed guardian)
2. Child Details: Full legal name, date of birth, and current living arrangements of the child requiring guardianship
3. Relationship Declaration: Statement of the relationship between the deponent and the child, including duration and nature of relationship
4. Current Guardian Status: Information about current legal guardians or parents, including their status, whereabouts, or inability to care for the child
5. Grounds for Guardianship: Detailed explanation of why legal guardianship is necessary and appropriate
6. Capability Statement: Information demonstrating the proposed guardian's ability to care for the child, including financial, emotional, and practical capabilities
7. Best Interests Declaration: Statement explaining how the proposed guardianship arrangement serves the best interests of the child
8. Prayer/Request: Formal request for the court to grant legal guardianship
9. Sworn Statement: Standard affidavit closing statement with place and date of swearing/affirming
1. Medical Considerations: Details of any medical conditions or special needs of the child that require specific care arrangements
2. Education Arrangements: Specific plans for the child's education if relevant to the guardianship application
3. Cultural Considerations: Information about maintaining cultural connections, particularly relevant for Indigenous children or those from diverse cultural backgrounds
4. Existing Court Orders: Details of any existing court orders affecting the child or family relationships
5. Contact Arrangements: Proposed arrangements for contact with parents, siblings, or other family members
6. Emergency Appointment Circumstances: For urgent applications, details of immediate circumstances requiring expedited guardianship
1. Birth Certificate: Certified copy of the child's birth certificate as an annexure
2. Medical Reports: Any relevant medical reports or assessments supporting the guardianship application
3. Financial Statement: Statement of financial capacity of the proposed guardian
4. Character References: References from appropriate persons supporting the guardian's capability
5. Death Certificate: If applicable, death certificates of deceased parents
6. Previous Court Orders: Copies of any relevant existing court orders
7. Police Check: Current police clearance certificate for the proposed guardian
8. Working with Children Check: Current working with children check for the proposed guardian
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Social Worker
Child Protection Officer
Court Registrar
Family Court Judge
Legal Aid Officer
Family Support Worker
Youth Advocate
Community Services Manager
Family Services Coordinator
Legal Document Specialist
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Commissioner for Declarations
Justice of the Peace
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