BC Guardianship Affidavit Form 5: What to Include and How to Fill It Out

What Form 5 Is

Form 5 is the Guardianship Affidavit used in BC Provincial Court for non-parent guardianship applications under Section 51 of the Family Law Act. It's the document where you present, under oath, the evidence the court needs to decide whether appointing you as guardian serves the child's best interests.

If you're filing in Supreme Court instead, the equivalent document is Form F101. The content requirements are substantially the same — the form number and some formatting differ, but what you need to prove doesn't change.

What Form 5 Asks You to Provide

The affidavit covers four core areas:

Your relationship with the child. How long you've known the child, the nature of your relationship, how the child came to be in your care, and the circumstances that led to this application. Be specific with dates, and explain the family situation honestly. Judges deal with parental addiction, incarceration, illness, and death regularly — there's no need to sugarcoat the facts, but avoid characterizing or blaming the parent.

The child's current living arrangements. Where the child lives now, who provides daily care, how long the current arrangement has been in place, and whether the child is settled (enrolled in school, connected to a doctor, attending activities).

Your proposed care plan. How you intend to raise the child going forward — housing, schooling, healthcare, cultural and religious upbringing, and how you'll support the child's relationship with their parents and siblings if appropriate. The court wants to see that you've thought through the practical realities.

Household member details. The identity and background of every adult (aged 19+) living in your home. The court needs to assess whether the home environment is safe for the child.

The Three Mandatory Background Check Exhibits

Every Form 5 must have three background check results attached as formal exhibits:

1. Police Criminal Record Check — obtained from your local RCMP detachment or municipal police. Fees vary ($25–$75). A Vulnerable Sector Screen with fingerprinting may be required if there's a date-of-birth match.

2. MCFD Child Protection Record Check — you complete the Consent for Child Protection Record Check form and submit it to the Ministry, which searches its child welfare database. Allow several weeks for processing.

3. Protection Order Registry (POR) Check — confirms whether you're subject to any active protection orders, restraining orders, or peace bonds.

All three must be dated within 60 days of the date you file Form 5 at the court registry. This is the timing rule that catches the most applicants — request checks too early and they expire, request them too late and you can't file when you planned to.

The Timing Sequence That Actually Works

Start background checks the moment you decide to pursue guardianship. The MCFD check is the bottleneck — it routinely takes the longest. While it's processing, prepare your Form 3 (Application About a Family Law Matter) and draft Form 5.

Once all three checks arrive, each must still be dated within 60 days of filing; the oldest check sets the earliest deadline. Don't swear the affidavit until the checks are in hand and you're ready to file within days.

The sequence:

1. Submit all three background check requests on the same day
2. While waiting, prepare Form 3 and draft your Form 5 narrative
3. When checks arrive, attach them as exhibits and finalize Form 5
4. Swear the affidavit before a commissioner, notary, or registry clerk ($20–$50)
5. File at the court registry within the 60-day window
6. Serve all respondents at least 7 clear days before the hearing

Common Mistakes

Swearing too early. If you swear the affidavit and then can't file for three weeks, you've eaten into your 60-day window for the background checks. Swear only when you're ready to file.

Missing the household member disclosure. If your spouse, adult child, or anyone else over 19 lives with you, their information needs to be in the affidavit. Omitting this creates a gap the court will notice.

Vague care plans. "I'll take good care of them" isn't a care plan. Name the school, the doctor, the arrangements for the child's cultural connection, the plan for maintaining contact with siblings or the other parent where safe.

Not getting enough certified copies. You'll need certified copies of the signed order for the school, the doctor, CRA, and possibly passport offices. Request several when you go to the registry after the order is granted.

The BC Guardianship Court Process Guide includes a structured Form 5 preparation framework that walks through each section, plus a background check synchronization tracker to keep your timing on track.

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