What Is a Parenting Affidavit (Form 35.1) in Ontario Family Court?

A parenting affidavit is a sworn document, filed on Form 35.1, that you must file if your court document includes a claim about children. If your application, answer or motion to change includes a claim about decision-making responsibility, parenting time or contact, you must serve and file a Form 35.1 affidavit with that document.

It must be sworn before a commissioner for taking affidavits. You must also file Form 35.1A if the child or any party has been involved in a child protection case. In a motion to change, Form 35.1 is added if parenting is being changed.

Accuracy matters: as soon as you discover that information in your Form 35.1 is incorrect or incomplete, you must correct it. A non-parent claiming decision-making responsibility must attach a police records check obtained within 60 days, or proof that one was requested, and file the check within 10 days after receiving it. A request for a children's aid society report must be given to the court with Form 35.1. Because it is sworn, answer fully and honestly, and consider having a lawyer review it before you sign.