Form 35.1, the Affidavit (decision-making responsibility, parenting time, contact), is the sworn statement that goes with any Ontario family court claim about who makes decisions for a child, who the child spends time with, or contact with a relative or friend. The edition in use is printed at the foot of every page as FLR 35.1 (September 1, 2021). It runs to eight pages and is still the current version on the province's court forms site.
Most of the form is the same for everyone. One question changes how it ends: is the person signing a parent of the child, as the Children's Law Reform Act defines a parent, or someone else asking for decision-making responsibility? The answer decides how many pages are filled in, how many times the person initials, and which of the two signature blocks the commissioner completes.
The same form, two ways through it
Part A ends on page 6 with a full "Sworn/Affirmed before me" block. Part B starts on page 7 and ends on page 8 with a second one. A person swears the affidavit once, at the end of the last part that applies to them, and the other block stays empty.
| On the form | A parent, or anyone asking only for parenting time or contact | A non-parent asking for decision-making responsibility |
|---|---|---|
| Parts completed | Part A only, paragraphs 1 to 15 | Part A and Part B, paragraphs 1 to 20 |
| Initials | Once, under paragraph 15 | Twice, under paragraph 15 and under paragraph 20 |
| Where it is sworn | The block at the bottom of page 6 | The block at the bottom of page 8; page 6 is left blank |
| Papers that go with it | Form 35.1A, if child protection services were ever involved | The same, plus a police records check or proof it was requested, and a copy of the request for children's aid society reports |
Page 6 says this in so many words: anyone completing Part B does not swear at that point and swears at the end of Part B instead. The form lists a grandparent, an aunt or uncle, a step-parent, a sperm donor and a surrogate as people who may not be parents under the Act.
What rule 35.1 sends to the court with it
Rule 35.1 of the Family Law Rules sets the package. It applies to an application, an answer or a motion to change a final order that contains one of these claims, and the affidavit is served and filed with the document that makes the claim. The rule adds:
- Form 35.1A, Affidavit (child protection information), where the child or any party has been in a child protection case or has received services from a child protection agency. It is kept out of the continuing record.
- For a non-parent claiming decision-making responsibility, a police records check obtained no more than 60 days before the claim starts, or proof that it was requested.
- A copy of the request for reports from children's aid societies, where the Children's Law Reform Act requires one.
Subrule 35.1 (6) closes the gap. A clerk shall not accept the claim for filing without the affidavit and, where they apply, the other papers on that list.
Part A, read in four runs
Everyone completes Part A, and the instructions at its top ask for "N/A" in any paragraph that does not apply rather than a blank.
Paragraphs 1 to 5: names, children and earlier cases
Other names the person has used, a table of the children in the case with their parents and who they live with now, other children the person has parented or cared for as a step-parent or guardian, earlier family court cases, and civil protection proceedings such as restraining orders. Copies of orders or a judge's endorsement are attached where the person has them.
Paragraphs 6 to 10: the safety questions
Findings of guilt with no pardon, current criminal charges with the release terms attached, and any violence or abuse the court has to weigh under section 24 (4) of the Children's Law Reform Act or section 16 of the Divorce Act. Paragraphs 9 and 10 turn to the other party: a civil protection order against them, or a charge that relates to the person or their family.
Paragraphs 11 and 12: the child's history and the plan
Paragraph 11 lists every caregiver the child has lived with since birth, with dates. Paragraph 12 is the longest part of the form, and it runs from (a) to (i): the address, the other people in the home and whether any of them has a record or a child who was in care, who will make major decisions, work or school hours, daycare, the other parent's time, contact with relatives, special needs, and the friends or services who will help.
Paragraphs 13 to 15: the three acknowledgements
Paragraph 13 is a promise to correct the affidavit before a final order if anything changes. Paragraph 14 is a yes or no box about child protection services. Paragraph 15 accepts that a yes means Form 35.1A as well. The person initials once under these three paragraphs.
Part B and its four clocks
Part B opens with a notice: court staff will search the Ontario courts' databases for family cases involving the person or the child and hand over a list, which the person serves on the other parties. Then come five paragraphs:
- Paragraph 16: the child's earlier decision-making, parenting time or contact cases.
- Paragraph 17: one of two boxes. Either a police records check is attached, with its date and any offence since, or the person states the date the check was requested and from which police force, and agrees to serve and file it within 10 days of receiving it.
- Paragraph 18: every city, town or municipality lived in since turning 18 or becoming a parent, whichever came first.
- Paragraph 19: the children's aid societies named in the signed consent form, each of which reports to the person and the court whether it holds records about them.
- Paragraph 20: who sees a report that shows records, and the 20-day limit, counted from the court's receipt of the last report, for a motion asking that it not be released.
The Ministry's guide adds a fourth number: the societies have 30 days to reply. One detail trips people up when they read the guide beside the form. The guide is dated March 2021 and puts the police check at paragraph 16 and the society list at paragraph 18; on the September 2021 form those are paragraphs 17 and 19.
When the affidavit is sworn
The guide answers the timing question with a single rule of thumb:
You cannot swear that you have done something before you have done it.
Several paragraphs state that something has already happened: a police check requested on a date, a consent form already provided to the court, other parties already told. So the paperwork comes first, and the oath or affirmation is the last step before filing. The guide also points out that many court staff are commissioners, and that a lawyer, a notary public or a justice of the peace can take the oath as well. Swearing and affirming carry the same weight, as set out in the article on oaths and affirmations.
What goes in the commissioner's block
Both jurats on the form ask for the same four things: the municipality where the oath is taken, the province, state or country, the date, and the signature of the commissioner for taking affidavits with the name typed or printed below it if the signature is hard to read. The deponent signs on the right of that box, and the line under the signature repeats who may be in the room: a lawyer, a justice of the peace, a notary public or a commissioner for taking affidavits.
The commissioner identifies the deponent, administers the oath or affirmation and watches the signature on the right page. Whether the plan in paragraph 12 is a good one, whether a paragraph should say more, and whether a judge will grant the order are not part of that role. The way this office takes sworn statements is described on the commissioning page. Form 35.1 often arrives with other family court affidavits; the one for an uncontested divorce is covered on the Form 36 divorce affidavit page.
After the oath, the duty to update
Subrule 35.1 (7) does not let the affidavit go stale. As soon as the person finds that something in it is wrong or incomplete, or that something has changed, they serve and file either a fresh Form 35.1 or, for a minor change, a general affidavit in Form 14A explaining it and how it affects the plan. The guide's example is a child moving from daycare to an after-school program. Either one is a new sworn document, so it goes back in front of a commissioner.
Frequently Asked Questions
Does a parent have to complete Part B of Form 35.1?
No. Part B is for a person who is not a parent under the Children's Law Reform Act and is asking for decision-making responsibility. A parent completes Part A, initials under paragraph 15 and swears the affidavit in the block at the bottom of page 6.
Can Form 35.1 be sworn before the police records check arrives?
Yes. Paragraph 17 has a second box for a check that was requested but not yet received. The person gives the date of the request and the police force, and the form records their agreement to serve and file the check within 10 days of receiving it.
Who can commission Form 35.1?
The line under the deponent's signature names a lawyer, a justice of the peace, a notary public or a commissioner for taking affidavits. The Ministry's guide adds that many family court staff are commissioners and can take the oath at the court office.
Is Form 35.1A part of the same affidavit?
No. Form 35.1A is a separate affidavit about child protection information, sworn on its own and filed only when the child or a party has been in a child protection case or received services from a child protection agency. Rule 35.1 keeps it out of the continuing record.