1) Witness Statement.
Hi Leon, someone actually overheard a phone call on speaker phone between my daughter and I that my partner (the respondent) has misconstrued and misrepresented within the family law matter I have posted other questions to you about. The misrepresentation has manifested itself as a claim (within the respondent's affidavit and within the family report) from the respondent that I coerced the child to write down matters related to whom she wants to live with and court processes; during a call she made to me from her Mother’s house. The claim, even if it were true, is remarkable; as who would do that and effectively provide the respondent/Mother with such evidence?
None of this is true and in fact the child wrote down (on paper at her Mother’s house and before the call was made) that she wanted to live with her father (the night of the day after a handover, and as a result of strong separation anxiety). The child advised me of this and stated that what she wrote down was for the courts during the phone call. During the call it was also clear that her mothers had tried to prevent her from calling that night, and as a result of this her Mother has had the child’s phone access seriously decreased; much to the child and my disappointment. I assume the child did this because she has a preference for her father, knows her mother has concocted reasons behind the entire family law matter, and was concerned about it all.
I believe the respondent is concerned about the child expressing such feelings and preference for her father; particularly whilst the Mother claims she is on the high moral ground with all this. And for these reason I believe that the Mother/respondent twisted the facts so that it suited her.
However she didn’t know/expect that someone was with me when the child made the call. In any regards XXXXX XXXXX a witness to substantiate that what she says happened in the call, didn't, and I think it, particularly in combination with the other material I am putting together that highlights the inconsistencies, will be pretty damning for the respondent. Not in the least as it shows the absolute extremes, lengths and depths that the respondent has gone to with respect to inconsistencies and this matter.
My question is this; what is the best way for the witness I refer to to present their written evidence of what really happened so we can put it with my above-mentioned material and against the respondent's misleading affidavit and claims?
Should he put it into a statutory declaration? Or in affidavit form? Can a JP sign either?
He is in NSW and this matter is in the QLD courts.
I need to have his evidence in the best format ASAP?
How do I let him know what the form of an affidavit is? He is in NSW & I am in QLD
Can I get him an affidavit template from the internet so he can populate it and then get a JP to sign it?
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