How to Fill Out Form 35.1 in Ontario: Step-by-Step for Non-Parent Applicants

The Affidavit the Court Will Not Accept Without

Form 35.1 is the mandatory affidavit for anyone seeking decision-making responsibility, parenting time, or a contact order in Ontario. Under Rule 35.1(6) of the Family Law Rules, court clerks are legally required to refuse your application if this form is missing or incomplete. No exceptions, no "we'll accept it for now" — a missing Form 35.1 means your application is not filed.

The form was structurally updated on March 1, 2021, to align with the CLRA's new terminology. Make sure you are using the current version from the Ontario Court Forms portal. Old versions will be rejected.

Part A: Required for Every Applicant

Part A collects background information relevant to any parenting claim. Both parents and non-parents complete Part A.

Personal information and the child's details. Name, date of birth, address, relationship to the child. Straightforward, but verify the child's legal name matches their birth certificate — discrepancies delay processing.

Current care arrangements. Where the child lives now, who provides daily care, how long the current arrangement has been in place. Be specific about dates. "The child has lived with me since June 2024" is stronger than "the child has been with me for a while."

Proposed parenting plan. What decision-making arrangement are you asking for? Sole decision-making responsibility? Joint with a parent? Specific terms about parenting time or contact? Describe the arrangement you want the court to order, including any proposed schedule.

Previous proceedings. List every family court proceeding involving this child — current or past. Include file numbers if you have them. Also disclose any proceedings involving other children in your care. The court cross-references this information, and omissions damage your credibility.

Family violence disclosures. Section 24(3) of the CLRA makes family violence a mandatory best interests factor. Part A asks about any history of family violence involving the parties or the child. Answer truthfully. If violence is part of why you are seeking decision-making responsibility (the child left a violent home), this is where you document it.

Part B: Required for Non-Parent Decision-Making Applicants

Part B is the section that trips up most grandparents and relatives filing for the first time. It adds disclosure requirements specific to non-parents seeking decision-making responsibility.

Address history since age 18 (or since becoming a parent). List every municipality in Ontario where you have lived since turning 18 or since you first became a parent, whichever is later. This is not optional detail — the court uses this list to send CAS records search requests to every Children's Aid Society in those municipalities.

Do not forget addresses. If you omit a municipality and the court later discovers you lived there, it raises questions about what you were trying to hide. Check old tax returns or lease agreements if your memory is fuzzy.

Previous caregiving roles. Have you cared for other children in a parental or caregiving capacity? Foster care placements, previous kinship care arrangements, stepchildren? Disclose them all.

Household members. List every person currently living in your home. The court considers the household environment when evaluating best interests. Include their names, ages, and relationship to you.

Police record check. Part B requires you to attach a police record check dated within 60 days of starting the claim. If you have requested the check but not yet received it, attach proof of the request (the receipt or confirmation) and file the actual check within 10 days of receiving it.

CAS consent. Part B includes a consent authorizing every relevant Children's Aid Society to search their records for any history involving you. The court clerk transmits the search requests once your application is filed.

Common Mistakes That Get Applications Rejected

Using outdated forms. The March 2021 update changed the structure and terminology. Old forms are rejected at the counter.

Incomplete address history. Missing municipalities mean missing CAS searches, which means the application fails the Rule 35.1 completeness check.

Expired police check. The 60-day clock starts from the date the police check was issued, not the date you picked it up. If you are commissioning your affidavit by video and mailing documents back and forth, the timeline can get tight. Request the police check early.

Missing Part B entirely. If you are a non-parent seeking decision-making responsibility, Part B is mandatory. Submitting only Part A results in rejection under Rule 35.1(6).

Vague care history. "I have been caring for the child" does not give the judge enough to work with. Use dates, describe the living arrangements, explain who handles what — school drop-offs, doctor's appointments, daily routines. This is your evidence.

Forgetting to disclose previous proceedings. If you were involved in a family court matter five years ago and do not mention it, the respondent's lawyer will likely find it. Disclose proactively.

Swearing the Affidavit

Form 35.1 is a sworn document — it must be commissioned before a licensed commissioner of oaths. You can do this in person at a family court office (free), at a lawyer's or paralegal's office, or through virtual commissioning over video ($24.95 + HST per seal with one online provider; this is the provider's fee, not a fee set by O. Reg. 431/20).

Do not sign the form before your commissioning appointment. You sign it in front of the commissioner, who watches you sign and then adds their jurat. Signing in advance invalidates the document.

Putting It All Together

Form 35.1 is one piece of the filing package — it works alongside Form 8 (the application itself), Form 35.1A (if CAS history exists), and the police record check. The Ontario decision-making order toolkit walks through the entire package in sequence, with a pre-flight checklist that catches common rejection triggers before you submit.

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