Family court · Ontario form
Form 35.1 Affidavit: Decision-Making Responsibility, Parenting Time, Contact
People who fill out Form 35.1 also need
Also known as: Custody Affidavit Ontario · FLR 35.1 · Parenting Affidavit · Affidavit in Support of Claim for Custody or Access · Ontario Form 35.1
Contents
CONTENTS
Why the court asks for Form 35.1
Anyone who asks an Ontario court for decision-making responsibility, parenting time or contact with a child files Form 35.1. It gives the judge, in one place, the information the law requires before any parenting order: the children, every adult in their lives, past court cases, criminal matters, any violence or abuse, and your plan for the children's care.
Since March 2021 the form uses the new words of the Divorce Act and the Children's Law Reform Act: decision-making responsibility instead of custody, parenting time instead of access. This page uses the current edition, FLR 35.1 dated September 1, 2021, all eight pages of it.
Part A, and Part B for non-parents
Part A, paragraphs 1 to 15, is completed by everyone. A parent signs at the end of Part A on page 6.
Part B is for a person who is not a parent under the Children's Law Reform Act and asks for decision-making responsibility, for example a grandparent, aunt or step-parent. It adds the children's other court cases, a police records check, every place you have lived since 18, and the children's aid societies on your consent form. Answer the question at the end of our form and Part B appears; if you are a parent, pages 7 and 8 are left out of your document.
Empty tables and "N/A"
The form asks you to write N/A for any paragraph that does not apply. On our page you choose "None" for a table such as other children, court cases or criminal charges, or leave a box such as paragraph 8 empty, and N/A is printed in the right place. Nothing is left blank by accident, which is the kind of gap that gets a form sent back.
Ages in paragraph 2 are calculated from the birthdates, and dates are printed in the day, month, year order the form asks for.
What each part of the form covers
| Paragraphs | Topic |
|---|---|
| 1 and 2 | Other names you have used; the children in the case, their parents and who they live with |
| 3 to 5 | Other children you parent; family court cases; civil protection proceedings |
| 6 to 10 | Findings of guilt, current charges, violence or abuse, and the other party's orders or charges |
| 11 | Everyone the children have lived with since birth |
| 12 | Your plan: home, household members, decisions, work, school and daycare, time with the other parent, contact with family, special needs, support |
| 13 to 15 | Your duty to update the court, and child protection services |
| 16 to 20 (Part B) | Other cases, police records check, places lived, children's aid society reports |
Points to check before you swear it
- Leaving out an old case or charge. The court can search its own records. An omission discovered later hurts your credibility more than the fact itself.
- A plan that does not match the rest. The address in 12 a), the household in 12 b) and the school in 12 e) should describe the same life.
- Forgetting Form 35.1A. If you answer Yes to paragraph 14, you also complete and file Form 35.1A.
- Initials missing. Paragraphs 13 to 15, and 20 in Part B, need your initials. You add them on the call.
Swearing Form 35.1 by video
Book and Sign attaches the affidavit to your appointment. On the call the commissioner checks your ID, you initial the acknowledgements, swear or affirm, and sign; the commissioner completes the jurat at the end of Part A, or at the end of Part B if you completed it. The commissioned affidavit is emailed to you, ready to serve and file with your application or answer.
Already have it filled in?
Upload your own copy when you book and sign it with us by video.
FAQ
Do I complete Part B?
Only if you are not a parent of the child under the Children's Law Reform Act and you ask for decision-making responsibility. Grandparents and step-parents usually do.
What if I have more than five children or cases?
The official tables have a fixed number of rows. For more, prepare extra pages yourself and upload them when you book.
Where do I sign if I complete Part B?
At the end of Part B on page 8. The jurat on page 6 then stays empty.
Who adds the initials in paragraphs 13 to 15?
You do, on the video signing, together with your signature.
Do you advise on what to ask for?
No. We do not give legal advice or review your plan. We verify your identity and commission the affidavit.
Can I download the filled affidavit?
No. It is attached to your booking and sworn at your video signing; the commissioned PDF is emailed to you afterwards.
We don't provide legal advice.