In family court, a lot of your evidence is delivered in writing through an affidavit — your sworn statement of facts. On motions especially, the judge may decide based largely on the affidavits in front of them, so a clear, factual, well-organized affidavit carries real weight. This is a plain-language guide to writing one. It's general information, not legal advice, and you should confirm the requirements for your specific step and court.
What an affidavit is
An affidavit is a written statement of facts that you swear or affirm to be true, signed in front of a commissioner for taking affidavits (a lawyer, a clerk, or another authorized person). Because it's sworn evidence, accuracy matters — and so does sticking to what you actually know.
Facts you know — not argument or opinion
The golden rule: an affidavit contains facts, generally those within your own knowledge, not argument, insults, or speculation. Write "on April 22, the exchange did not happen," not "the other parent is selfish and unreliable." Save the argument for your submissions; let the affidavit lay out the facts cleanly. Sworn statements that wander into name-calling tend to hurt the person who wrote them.
Structure it so it's easy to follow
- Start by identifying who you are and your connection to the case
- Use short, numbered paragraphs — ideally one fact or point each
- Tell events in chronological order so the story is easy to follow
- Be specific: dates, times, and what was actually said or done
- Keep it as concise as the issue allows — clarity beats volume
Attach your evidence as exhibits
When you refer to a document — a text exchange, an email, a record — attach it as an exhibit and refer to it in the affidavit ("attached as Exhibit A is a copy of the text message"). Exhibits are commissioned along with the affidavit. A tidy, well-organized set of evidence makes assembling exhibits straightforward, and a clear chronology helps you draft in the right order.
Use the right form and follow the rules
Ontario family court has specific forms and requirements — the general affidavit is commonly Form 14A, and certain steps use their own forms (for example, parenting affidavits). Always check the current Family Law Rules and forms and any directions from your court, and consider having a lawyer review a draft before you swear it.
Before you sign
- Re-read every sentence — is it accurate and something you actually know?
- Remove anything that's argument, opinion, or unnecessary
- Make sure each exhibit referred to is actually attached and labelled
- Only swear or affirm it once you're confident it's true and complete
How SteadCase helps
Writing an affidavit is far easier when your facts are already organized. SteadCase's Case Log gives you dated, factual entries to draw from, the Evidence Tracker keeps each document ready to become an exhibit, and the Export Summary provides a chronology you can write from — so you're shaping a clear statement, not hunting through your phone.
This is general educational information for Ontario, not legal advice. Court rules and your situation matter — consider speaking with a lawyer, paralegal, or your local Family Law Information Centre.