Ontario legal guide · Updated 2026-06-16
Form 35.1 Ontario — Affidavit in Support of a Parenting Claim
Form 35.1 is the sworn affidavit you must file whenever you ask an Ontario family court for decision-making responsibility (formerly custody), parenting time (formerly access), or contact with a child. This guide walks through every section, common mistakes, and how it interacts with Form 8 and Form 35.1A.
Who must file Form 35.1?
Anyone — applicant or respondent — who asks the court to make an order about a child's parenting arrangements in Ontario. This includes initial applications, answers, and motions to change.
Section-by-section walkthrough
- Part 1 — Children: Full legal name, date of birth, and current residence of each child.
- Part 2 — 5-year residence history: Every address each child has lived at since birth (or for the past 5 years).
- Part 3 — Proposed parenting plan: Schedule, decision-making, holidays, communication.
- Part 4 — Involvement: Your role in daily caregiving, school, medical, extracurricular.
- Part 5 — Other proceedings: Any past or pending court, CAS, or police matters involving the family.
- Part 6 — Family violence: Required disclosure under Divorce Act s. 7.2 and CLRA s. 24(3)–(4).
Common mistakes
- Leaving the 5-year residence history blank — this is a mandatory disclosure.
- Forgetting to attach a separate sheet when running out of space.
- Failing to swear or affirm — an unsworn 35.1 will be rejected at filing.
Where to file
File Form 35.1 with the Ontario Court of Justice, Superior Court of Justice, or Family Court branch handling your matter, either in person or through the Justice Services Online portal.
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Frequently asked questions
When is Form 35.1 required?
Form 35.1 is required any time you make a claim for decision-making responsibility, parenting time, or contact under the Divorce Act or Children's Law Reform Act in Ontario family court. It must be sworn or affirmed and filed with your application or answer.
What goes into Form 35.1?
It covers where each child lived for the past 5 years, the proposed parenting plan, your involvement in caregiving, other court proceedings, criminal/CAS history, and any family violence concerns under Divorce Act s. 16(3).
Do I need a lawyer to swear Form 35.1?
No. You can swear it before any commissioner for taking affidavits, including most court staff, lawyers, paralegals, and notaries. Many municipalities offer free commissioning at City Hall.
What is the difference between Form 35.1 and Form 35.1A?
Form 35.1 is the affidavit every party claiming decision-making responsibility, parenting time or contact must file. Form 35.1A is the Affidavit (child protection information), filed in addition to Form 35.1 when the child or a party has been involved in a child protection case or has received services from a child protection agency, such as a children's aid society (r. 35.1(1)(a)). Separately, a non-parent claiming decision-making responsibility must attach to Form 35.1 a police records check obtained not more than 60 days before starting the claim or, if it has been requested but has not arrived, proof of the request, and then serve and file the check within 10 days of receiving it (r. 35.1(3)–(4)).
Quorex provides legal information and procedural guidance, not legal advice. We are not a law firm. For legal advice, contact Legal Aid Ontario (1-800-668-8258) or a licensed lawyer or paralegal.