Before you start A declaration is your opportunity to tell the judge your side of the story — in writing, before your hearing. It explains what has been happening, why it's a problem, and what you are asking the court to do. The judge reads it before you ever walk into the courtroom, so it is often the most important document you will file.

Everything in it must be true and based on what you personally witnessed. Stick to specific facts — dates, events, and details. Judges read hundreds of declarations; clear and factual carries far more weight than long and emotional. Once you're done, use the AI Declaration Review to make sure it's court-ready before you file.

Writing your declaration

Petitioner vs. Respondent — don't get confused

These labels are set the moment the case is opened and never change — no matter who files next, who goes to court more, or how many years pass.

Petitioner: The person who originally filed and opened the case. If you were the one who went to the courthouse first and started the family court case, you are the Petitioner — now and forever in this case.

Respondent: The person who received the paperwork and responded. If the other parent filed first and you were served with documents, you are the Respondent — even if you are the one filing this motion today.

Example: Sarah filed for custody in 2021. David was served and responded. Even in 2026 when David files a motion to modify custody, Sarah is still the Petitioner and David is still the Respondent. Not sure which you are? Check the top of any document from your case — it will say "[Name], Petitioner" and "[Name], Respondent."

In Pro Per — what to write if you don't have an attorney If you are representing yourself, write "In Pro Per" in the attorney field of your caption block. This is the California court term for self-represented. In the other party's section — if they have an attorney, use the attorney's name and contact info. If they are also self-represented, use their name and address.

✔ Do

  • Use specific dates, times, and locations
  • State only what you personally witnessed or experienced
  • Keep paragraphs short — one fact or event per paragraph
  • Use plain language — write how you would explain it to a friend
  • Number every paragraph
  • Attach supporting documents as exhibits and reference them

✗ Don't

  • Include opinions, assumptions, or emotions
  • Use vague language like "he always" or "she never"
  • Include hearsay — what someone else told you
  • Make it longer than it needs to be
  • Repeat what's already in your motion paperwork
  • Attack the other parent's character — focus on facts and the child's needs

Choose your declaration type

Case Information

Used in the case title: "In re Matter of Smith vs Jones"

Your Name

This will appear in the opening line: "I, [Your Name], declare as follows:"

Declaration Paragraphs

Paragraph 1 is pre-filled with the required personal knowledge statement. Add your facts starting at paragraph 2 — one fact, date, or event per paragraph.

Case Information

Used in the case title: "In re Matter of Smith vs Jones"

Your Name

This will appear in the opening line: "I, [Your Name], declare as follows:"

Declaration Paragraphs

Paragraph 1 is pre-filled with the required personal knowledge statement. Respond to the other party's claims point by point starting at paragraph 2 — stick to facts, not emotions.

What's next?

Step 1

Preview your declaration

Click Preview Declaration above to see your declaration formatted on pleading paper. Print or save it as a PDF when you're ready.

Step 2

Use the AI Declaration Review to make sure it's court-ready

Before you file, get specific feedback on your draft — what's working, what needs to be stronger, and anything that could hurt your case.

Review My Declaration →

Preview — Pleading Paper Format