Form 35.1 Affidavit About Parenting in Ontario: How to Complete It

If you are asking an Ontario court to decide parenting time, decision-making responsibility or contact, you will file an affidavit on Form 35.1 along with your application. It is a sworn document, so accuracy and completeness matter.

This article explains when the form is needed, who fills in which parts, the related paperwork, and practical ways to avoid common mistakes. It does not replace the form's own instructions, and a lawyer can review your draft before you swear it.

What Form 35.1 is and when it is used

Ontario lists two forms to start a parenting case: Form 8 (Application) and Form 35.1 (Affidavit). The affidavit supplies the court with sworn information about the child and the circumstances.

The form also comes up outside a new application. To change a final order or a filed agreement on consent, each party must file a commissioned Form 35.1 for changes to decision-making, parenting time or contact. When a family arbitration award on parenting is filed in court, the documents include a Form 35.1 affidavit.

Who completes which parts

If you are unsure whether you count as a parent for this purpose, get advice before filing, because the answer decides which parts and supporting documents you need.

Extra deadlines for non-parent applicants

If you are not a parent, the police record check must be served and filed within 10 days of receipt, and an existing check can be used if it was completed within 60 days before the application. A CAS report is returned to the court within 30 days, and a motion to seal CAS records must be filed within 20 days of the court receiving the last CAS report.

These timelines are short, so request the check and report early and keep track of the dates.

Thinking about what the court looks at

Whatever the form asks, the court makes parenting decisions based only on the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. The factors include the child's needs and stability, relationships with each parent, each parent's willingness to support the child's relationship with the other, history of care, and cultural, linguistic, religious and spiritual upbringing.

The court must also consider any family violence and its impact, and any civil or criminal proceeding, order, condition or measure relevant to the child's safety. If any of this applies to your family, it is worth discussing with a lawyer how to set it out accurately and clearly.

Common mistakes and how to avoid them

• Completing parts that do not apply to you, or leaving out parts that do. A parent completes Part A only, while a non-parent completes Parts A and B.
• Forgetting related documents, such as the Form 8 application, or the CAS report and police check for non-parents.
• Missing the non-parent deadlines for the police check and CAS records.
• Filing an unsigned or uncommissioned affidavit when a commissioned one is required, as on a consent motion to change.
• Guessing at dates, addresses or past court proceedings. Gather records first, and say so clearly where you are unsure.
• Writing arguments or criticism of the other parent instead of plain facts about the child's care and circumstances.

Take the affidavit seriously because it is sworn. A lawyer or the court's Family Law Information Centre can point you to the correct forms and instructions.

What to do next

• Confirm whether you complete Part A only or Parts A and B.
• Collect the child's details, living arrangements and past care history before drafting.
• If you are a non-parent, order the police record check and arrange the CAS report right away.
• Note any family violence, protection concerns or related proceedings that apply.
• Plan to attend the Mandatory Information Program, since it is generally the first step in a family court case.
• Have a lawyer review the draft before you swear it. Limited-scope services and Legal Aid Ontario may help with cost.

If a child may be in danger or at risk of being taken out of the country, call the police right away.

Frequently asked questions