Family Courts Rules 2002 (rule 416K and 416Q):
Notice of Response and affidavit in support
The purpose of this form:
You can use this form to respond to an application that has been made under Part 5A, Care of Children Act 2004
and served on you (formally given to you), including where an Interim Order has been made from that
Options for responding to the application served on you:
Complete this form: If you disagree with any parts of the application or you simply wish to be involved in the case you
need to fill out this form. This will let the Court and the applicant know that you want your views to be considered.
You must only respond to the application that has been served on you. If you would like to propose your own
arrangements for the child(ren) you must file your own application. Information on filing applications and associated
forms can be found at
Do nothing: If you agree with the application and/or do not want to take part in the proceedings you can choose not to
do anything. You will need to provide the Court with your mailing address if you want to receive the Court’s decision.
It is important to understand that if you do not take any action final Orders about the children can be made without you
and in some cases you may still be called to attend Court as a witness.
The time limit for filing your notice of response and affidavit:
The usual period for filing your notice of response and affidavit in support is 21 days. This may be changed by the
Judge so you must check the documents you have received as they will tell you exactly how much time you have
to respond. If you don’t file and serve this form within time, the Judge may;
Not let you take part in the court hearing.
Only let you take part in a limited way.
Make an Order against you for costs.
Continue with the case without notifying you further and make decision without hearing from you.
Filling in the forms:
You will have already decided if you are filling in your forms on a computer or by hand. If you are filling in the
forms by hand:
They must be clearly written.
Filled out in a
or BLACK ballpoint pen.
Written in printed letters only.
Put a line through mistakes like this ABC. If you cross anything out, please write your initials in the right-hand
margin to show it was done by you. Do not use correction fluid or tape.
Swearing/Affirming your form
When you have filled in your form you need to take it and any attachments to an ‘authorised person’ to be sworn
or affirmed. This is someone who is authorised to administer oaths and affirmations – that is any: Registrar or
Deputy Registrar, Justice of the Peace or Lawyer (other than a lawyer involved in this case). Remember that your
and the authorised person’s initials should be put in the box provided.
It is a crime to intentionally mislead the Court in a sworn or affirmed document.
You make any changes to the document once it has been sworn or affirmed as true.
How to file and serve this form:
There is no fee to pay when filing this form. You should file all parts of the form together.
Each page should be printed on one side of the paper only.
Serve a copy on the applicant(s) and lawyer for the child (if there is one): Do this by posting or delivering it
to the ‘address for service’ or lawyers address listed on the application.
You must keep a copy for yourself.
The original (with the original signatures) must be filed with the Court. File your documents at the Family
Court where your case is being heard, by post or courier, or by taking them to the counter.
If you need any more information or help please visit the Family Justice website
justice, visit your local Family Court or call 0800 COURTS (0800 268787).
Please Note: You must complete all parts of this form or it may not be accepted by the Court