Form 35.1 in Ontario Family Court: What It Is and When You Need One

If you're asking an Ontario family court for decision-making responsibility, parenting time, or contact with a child, you'll almost certainly be asked to complete Form 35.1 — a sworn affidavit that gives the judge a full picture of the parenting situation before any decision gets made. It's one of the most important documents in a parenting case, and mistakes or omissions in it can slow your case down or undermine your credibility.

This guide explains what Form 35.1 covers, when it's required, and what to watch for when you complete one.

What Form 35.1 Is

Form 35.1 is a sworn affidavit used in Ontario family court proceedings whenever a party is asking for — or responding to a claim for — decision-making responsibility, parenting time, or contact with a child. Because it's sworn, everything in it is given under oath, the same as testimony in court. Anything materially false or misleading in it can seriously damage your credibility later in the case.

When You Need One

You'll typically need to file a Form 35.1 alongside:

• An application that raises a claim for decision-making responsibility, parenting time, or contact
• A motion asking the court to change an existing parenting arrangement
• A response to someone else's claim involving decision-making responsibility, parenting time, or contact

If your case doesn't involve any parenting issue at all — for example, a straightforward property or support-only matter — you generally won't need one.

What It Must Include

A properly completed Form 35.1 asks for background most people don't expect to have to disclose. Expect it to cover:

• [ ] The child's current living and parenting arrangements
• [ ] The parenting schedule or decision-making arrangement you're proposing, and why
• [ ] Any current or past court proceedings involving the child — family, criminal, or child protection
• [ ] Any existing restraining, protection, or no-contact orders involving anyone in the household
• [ ] Any involvement by a Children's Aid Society with the child or household
• [ ] Relevant criminal history that could affect the child's safety or well-being

Leaving out something you're required to disclose — even unintentionally — can be more damaging to your case than an unfavourable fact disclosed honestly.

How the Court Uses It

The judge reads Form 35.1 alongside everything else in your file when applying the best-interests-of-the-child test, which weighs the child's physical, psychological, and emotional safety, security, and well-being above all else. Because family violence is an express factor in that analysis, an accurate and complete disclosure section matters even when it feels uncomfortable to put in writing.

If your circumstances change significantly after you first file — a new address, a new partner, a new criminal charge, a new safety concern — you may need to file an updated Form 35.1 rather than relying on the original one.

If You're Responding to Someone Else's Form 35.1

You don't just file your own Form 35.1 in isolation — you'll also generally see the other party's affidavit and have a chance to respond to it, often in your own sworn document. If something in their affidavit is inaccurate or missing important context, that response is your opportunity to address it directly and on the record, rather than raising it for the first time verbally in court. Treat a response with the same care as an original filing: vague denials tend to carry far less weight with a judge than a specific, factual rebuttal.

Common Mistakes to Avoid

• Treating the form as a formality and rushing through it
• Leaving out a past court, criminal, or child protection proceeding because it feels irrelevant now
• Proposing a parenting schedule without explaining why it serves the child's best interests
• Filing it without having a lawyer review the disclosure sections first
• Forgetting to update it when material facts change partway through the case

Frequently asked questions