Police Record Check Ontario Family Court: The 60-Day Rule for Non-Parents

The 60-Day Rule

Under Rule 35.1(3) of the Family Law Rules, a non-parent applying for decision-making responsibility must attach a police record check that was obtained no more than 60 days before starting the court application. If the check is dated on January 15, you must file your application by March 16 at the latest.

The court clerk will refuse your filing if the police check is missing, expired, or if you have no proof of having requested one. This is not a discretionary call — Rule 35.1(6) makes the refusal mandatory.

What Type of Check You Need

For a non-parent's decision-making application, the required police records check is a vulnerable sector screening or a specialized non-parent family court check. Ask your local police service which one it issues for this application.

The check must come from the police service that covers the municipality where you currently live. If you live in Toronto, you apply through the Toronto Police Service. If you live in a region served by the OPP, you go through the OPP detachment.

Each police service has its own processing times, fees, and application methods. Fees typically range from $40 to $75, and processing can take anywhere from one week to eight weeks depending on the service's backlog and whether they offer online applications.

What If the Check Is Not Ready in Time?

Rule 35.1(4) accounts for police processing delays. If you have requested the check but have not yet received it, you can file your application with proof of the request attached to Form 35.1 instead.

Proof of request means a copy of your application receipt, a confirmation email from the police service's online portal, or a stamped copy of the request form. It should show that you requested the check for this claim and had not received it when you filed your application.

Once you receive the completed check, you must serve it on all other parties and file it with the court within 10 days of receipt. Not 10 business days — 10 calendar days (though if day 10 falls on a weekend or holiday, the deadline extends to the next business day under Rule 3).

The Expiry Problem

The 60-day window creates a practical squeeze that catches many grandparents off guard. Here is how it plays out:

You submit your police record check request. The police service takes five weeks to process it. The check arrives with a date that is already 35 days old. You now have 25 days to finalize your entire application package — Form 8, Form 35.1 (Parts A and B), Form 35.1A if applicable — and get everything filed.

If any other part of your application is not ready, or if the FLIC advice lawyer suggests changes that take another two weeks to make, your check expires before you can file. You then need to request a new one and pay the fee again.

The practical lesson: request your police check early and work on the rest of your application package in parallel. Do not wait until the check arrives to start filling out your forms.

What If Your Check Comes Back with Results?

A police record check that returns results — previous convictions, outstanding charges, or non-conviction records — does not automatically disqualify you from obtaining a decision-making order. The court considers the information as part of its assessment of the child's best interests under section 24 of the CLRA.

What matters is disclosure. You must file the complete check as received. Attempting to hide or alter results is a far more serious problem than the results themselves.

If you are concerned about what a check might reveal, this is a good reason to use the free advice lawyer consultation at your local Family Law Information Centre before filing.

For a complete guide to managing the police check alongside CAS records searches, Form 35.1 completion, and the rest of the Ontario filing process, the Ontario Decision-Making Order toolkit includes deadline trackers designed around the 60-day window.

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