Form 35.1 Ontario Non-Parent Affidavit: How to Complete Parts A and B

Why Form 35.1 Matters

Form 35.1 — officially titled "Affidavit (Decision-Making Responsibility, Parenting Time, Contact)" — is the evidentiary backbone of any Ontario family court application for decision-making responsibility. Under Rule 35.1 of the Family Law Rules, the court clerk is legally required to refuse your filing if Form 35.1 is missing or incomplete.

For grandparents and relatives, this form has an extra layer: Part B. Parents fill out only Part A. Non-parents must complete both Part A and Part B, and Part B contains the disclosure requirements that trip up most self-represented applicants.

The current version dates from September 1, 2021, reflecting the March 2021 terminology changes under the Children's Law Reform Act. Using an older version will get your filing rejected.

Part A: What Everyone Files

Part A collects the foundational information about the child and your relationship to them:

Child's details. Full legal name, date of birth, current address, and current living arrangements.

Care history. A narrative section where you describe who has been caring for the child, for how long, and the nature of the care provided. For grandparents, this is where you document that you have been the child's primary caregiver — not in vague terms, but with specifics: when the child came to live with you, the daily routine you provide, school involvement, medical appointments.

Proposed parenting plan. What arrangements you are asking the court to make. If you are seeking sole decision-making responsibility, say so clearly and explain how you plan to handle the child's education, health care, and other major decisions.

Prior proceedings. Any previous family court cases, protection proceedings, or domestic contracts involving the child. Include case numbers and court locations if you have them.

Family violence disclosure. Whether there has been any family violence as defined under section 18(1) of the CLRA — physical harm, threats, patterns of coercive control, or exposure to violence. This section must be answered honestly regardless of who the violence involved.

Part B: The Non-Parent Section

Part B is where the procedural complexity sits. It exists because the court applies additional screening when someone other than a parent seeks authority over a child.

Full address history. Every municipality where you have lived since turning 18 or since becoming a parent (whichever happened first). This list feeds directly into the CAS records search — each Children's Aid Society covering a municipality on your list will be contacted to check for child protection history.

Ontario has 53 independent Children's Aid Societies, and each one maintains its own records. If you have lived in municipalities covered by six different CAS organizations, each will receive a search request. Miss a municipality from your list, and the court may order you to amend and refile.

Police record check. You must attach either a completed police record check dated within 60 days of your application date, or proof that you have requested one. If you attach proof of request only, the actual check must be filed within 10 days of receiving it. The 60-day window is strict — a check from day 61 is expired.

Consent for CAS search. A signed authorization allowing the court to send your information to every CAS on your address history list. The societies search their databases and report results directly to the court clerk — not to you.

Previous caregiving roles. Whether you have previously cared for other people's children, including foster care, babysitting arrangements, or other informal care situations.

Common Mistakes That Cause Rejections

Incomplete address history. Leaving out a city where you lived for a short period. Even a year-long rental in another municipality triggers a CAS search for that area.

Expired police check. The 60-day window is measured from the date on the check to the date you file your application. If your police department took six weeks to process the request, you may have only two weeks left to file. Order the check early.

Wrong form version. Any Form 35.1 printed before September 2021 uses the old "custody" and "access" terminology. Ontario courts will not accept it.

Missing Part B entirely. Some applicants — especially those who downloaded a form guide that focuses on parents — submit only Part A. For non-parents, this is an automatic rejection under Rule 35.1(6).

Swearing the Affidavit

Form 35.1 is a sworn document. It must be signed in front of a commissioner for taking affidavits — a lawyer, notary public, or commissioner at a courthouse counter. Under O. Reg. 431/20, you can also commission the affidavit by video call with a qualified commissioner, which is useful if the nearest courthouse is far away.

Every statement in the affidavit is made under oath. Inaccurate or incomplete disclosures — particularly about criminal history or CAS involvement — can have serious consequences if discovered later.

For a step-by-step walkthrough of completing Form 35.1 alongside the police record check timeline, CAS search process, and the rest of the filing package, the Ontario Decision-Making Order toolkit covers each form and deadline in the sequence you will actually encounter them.

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