Many Family Law proceedings require a supporting declaration. This is where a party or witness “testifies” in writing regarding an issue or issues. Good examples would include declarations about custody, child support and spousal support. Declarations in support of, or in response to, a request must not exceed 10 pages. In writing a declaration, you should tell your story while being respectful of the other side. You should also cover all of the facts that you need to prove.
Never present a declaration that is false or misleading. A declaration must be based on the personal knowledge of the witness and explain how the witness acquired that knowledge. One of the big mistakes clients make is to use a declaration as a legal argument or a personal attack. This is not the purpose for a family law declaration. When it is presented in court, the declaration is a substitute for live testimony. While it may make a client happy to submit an argumentative declaration, it will not be persuasive to a judicial officer who follows the rules.
When you write your declaration, try to tell your story to the court in a clear and concise way so that it will persuade the court to grant your request.
Family Law Specialist Richard Bawden is here to help YOU with the legal issues that you face. Call his office today to receive help in any family law area. Call 909.792.0222 or email our legal staff at www.richardbawdenlaw.com. We provide the best advice for the best results. And we’re here to provide you with the help you need.