Form 35.1 is the sworn affidavit every Ontario family case needs when someone claims decision-making responsibility, parenting time or contact. What Parts A and B ask, when Form 35.1A applies, and how to swear it by video.
Last updated: October 13, 2026
Form 35.1 Parenting Affidavit in Ontario: What It Asks and How to Swear It Online
Quick answer: Form 35.1, Affidavit (decision-making responsibility, parenting time, contact), must be served and filed with any application, answer or motion to change a final order that claims decision-making responsibility, parenting time or contact with a child (Family Law Rules r. 35.1(1)). Without it, the court clerk will not accept the claim (r. 35.1(6)). Part A is for everyone; Part B is only for a non-parent seeking decision-making responsibility. If anyone in the case has been involved with child protection, you also swear Form 35.1A. Minute Notary commissions these affidavits online by video under O. Reg. 431/20 for $24.95 per seal plus HST. We do not fill them in or advise on your parenting plan.
If your family case involves the children, whether you are starting it, answering it or asking to change an order, Form 35.1 comes with it. It is eight pages long. It asks for your history (other names, other court cases, criminal matters, protection orders), what you know about violence or abuse the court must consider, where the children have lived, and your plan for their care. Everything in it is sworn.
This guide walks through what each part asks for, when Form 35.1A and Part B apply, what has to be attached, how to keep it up to date, and how to have it commissioned online. If you have a question about your appointment, contact us or call (613) 434-5555. We commission the affidavit; we do not advise on your case.
Key Takeaways
| Question | Answer | Where it comes from |
|---|---|---|
| Who must file Form 35.1? | Anyone whose application, answer or motion to change claims decision-making, parenting time or contact | Family Law Rules r. 35.1(1) |
| What if it is missing? | The clerk will not accept the document for filing | r. 35.1(6) |
| When is Form 35.1A needed? | If the child or any party has been involved in a child protection case or received such services | r. 35.1(1)(a) |
| Who completes Part B? | A non-parent seeking decision-making responsibility | Form 35.1, Part B |
| Police records check? | Yes for a non-parent: no more than 60 days old, or proof it was requested | r. 35.1(3), (4) |
| What if the information changes? | New Form 35.1 or 35.1A, or a Form 14A for a minor change | r. 35.1(7) |
| Can it be sworn by video? | Yes, if the conditions of the regulation are met, with a modified jurat | O. Reg. 431/20, s. 1 |
| What does commissioning cost? | $24.95 per seal online, plus HST; Form 35.1A is a separate seal | Our posted rate |
What Form 35.1 Is and When You Need It
Form 35.1 (FLR 35.1, September 1, 2021) is titled Affidavit (decision-making responsibility, parenting time, contact). "Decision-making responsibility" and "parenting time" are the terms the law now uses for what used to be called custody and access. You can download the form from Ontario Court Forms as a PDF or a Word file, or fill in our free Form 35.1 template.
Rule 35.1(1) of the Family Law Rules says that if "an application, answer or motion to change a final order contains a claim respecting decision-making responsibility, parenting time or contact with respect to a child", the party making the claim serves and files Form 35.1 with the document that contains the claim. That means:
- Starting a case with a parenting claim: with your application.
- Answering a case and claiming parenting time or decision-making yourself: with your answer.
- Asking to change a final parenting order: with your motion to change.
The rule has teeth: the clerk "shall not accept the document for filing" without Form 35.1 and, where they apply, Form 35.1A, the police records check and the children's aid society request (r. 35.1(6)).
Part A: What Everyone Fills In
Part A is for "any person seeking decision-making responsibility, parenting time, or contact". The form asks you to write "N/A" for anything that does not apply and to attach extra pages if you need more room.
| Paragraphs | What they ask |
|---|---|
| 1–3 | Other names you have used; the children in this case; other children you parent or have acted as a parent to |
| 4–5 | Other family court cases you have been a party to, and civil protection proceedings such as restraining orders, with copies of any orders |
| 6–7 | Criminal offences you were found guilty of and have not been pardoned for, and current charges with release conditions |
| 8 | Violence or abuse the court should consider under s. 24(4) of the Children's Law Reform Act or s. 16 of the Divorce Act |
| 9–10 | Whether the other party is bound by a protection order or faces criminal charges that relate to your family |
| 11 | Everyone the children have lived with since birth, with dates |
| 12 | Your plan: where you will live, who lives with you, how decisions will be made, work or school, childcare, the other parent's time, contact with others, special needs, and your supports |
| 13–15 | Your promise to keep the information up to date, whether anyone has received child protection services, and that you know Form 35.1A may be required |
Paragraph 12 is where most of the work goes. It is your plan for the care and upbringing of the children, set out under headings from (a) to (i). Be concrete: the address, the school, who picks the children up, the schedule you propose for the other parent's time, and the services any child with special needs will receive.
Paragraphs 13 to 15 end with a box you initial to show you have read and understood them.
Part B: Non-Parents Seeking Decision-Making Responsibility
Part B is "to be completed only by a non-parent seeking a decision-making responsibility order". The form gives examples of people who may not be a parent under the Children's Law Reform Act: a grandparent, aunt or uncle, a sperm donor, a surrogate or a step-parent. If you are completing Part B, you swear the whole affidavit once, at the end of Part B.
Part B asks for:
- Other parenting cases involving the child (paragraph 16).
- A police records check (paragraph 17). Rule 35.1(3) requires a non-parent claiming decision-making responsibility to attach a check obtained no more than 60 days before starting the claim, or proof that it was requested. If it arrives later, you serve and file it within 10 days after receiving it (r. 35.1(4)).
- Every place you have lived since you turned 18 or became a parent, whichever was earlier (paragraph 18).
- Children's aid society record checks (paragraphs 19 and 20). You give a signed consent so each society can report to you and the court whether it has records about you. If a report shows records, it is shared with the court, the other parties and the children's lawyer unless the court orders otherwise. A motion to keep it private must be filed within 20 days after the last report reaches the court. Paragraph 20 has its own initial box.
The form also warns that court staff will search the court databases for family cases involving a non-parent or the child and give you a list, which you must provide to the other parties. If the list names someone else, Rule 35.1(9) lets you serve a Form 14A affidavit saying so; see our Form 14A guide.
Form 35.1A: Child Protection Information
Form 35.1A (FLR 35.1A, December 1, 2020; PDF) is a separate two-page affidavit. You need it if "the child or any party to the case has been involved in a child protection case or has received services from a child protection agency" (r. 35.1(1)(a)). Paragraph 14 of Form 35.1 asks you to tick yes or no, and paragraph 15 reminds you of this.
It asks about child protection court cases and services involving you, and, to the best of your knowledge, the other party and the children, with copies of relevant orders. It is sworn separately, and it is not filed in the continuing record (r. 35.1(2)). Our free Form 35.1A template lays it out.
What a notary can and cannot do: A notary public confirms your identity, administers the oath or affirmation, watches you sign and initial, and commissions the affidavit. A notary does not fill in the form, write your parenting plan, decide what to say about violence or abuse, or advise on what is in the children's best interests. For help with the form, a Family Law Information Centre at the courthouse offers free information, Legal Aid Ontario duty counsel can help if you qualify, and a family lawyer can advise on your case.
Keeping It Up to Date
The court decides parenting on current facts, so Form 35.1 is a living document until the final order. Paragraph 13 is your sworn promise, and Rule 35.1(7) makes it a duty: as soon as you discover that the information is incorrect or incomplete, or something has changed, you must immediately serve and file:
| What changed | What you serve and file |
|---|---|
| A minor correction or change | A Form 14A affidavit describing it and any effect on your plan for the children |
| Anything more | A new Form 35.1 or Form 35.1A with the correct or updated information |
A move, a new partner in the home, a new criminal charge or a change of school are the kinds of changes that can matter. Each update is sworn too, so it can also be commissioned online.
Common Mistakes to Avoid
- Leaving lines blank. Write "N/A" where something does not apply, as the form asks.
- Forgetting Form 35.1A. If anyone in the case has had child protection involvement, the clerk can refuse the filing without it.
- A stale police records check. For a non-parent, it must be no more than 60 days old when the claim starts.
- Signing or initialling early. Sign, and initial the boxes, in front of the commissioner after the oath or affirmation.
- Not updating. A change in your circumstances needs a new affidavit or a Form 14A right away.
If you are also dealing with support or property, see our guides to the Form 13.1 financial statement and separation agreements in Ontario.
How the Signing Works with Minute Notary
Why it can be done by video. The Commissioners for Taking Affidavits Act requires an oath to be taken in the commissioner's physical presence unless the regulations provide otherwise (s. 9(1) and (2)). O. Reg. 431/20 provides otherwise: you can swear or affirm by video if you and the notary can see, hear and talk to each other in real time for the whole appointment, the notary confirms your identity, and the notary makes sure you understand what you are signing. The notary keeps a record of the appointment (s. 2).
The jurat. The printed jurats in Forms 35.1 and 35.1A ("Sworn/Affirmed before me at" a place, on a date) have no wording for a remote oath. On a video appointment, the regulation requires a modified jurat stating that the oath was administered under O. Reg. 431/20 and where the notary and you each were.
- Finish the form first. Complete Part A, and Part B if it applies, write "N/A" where needed, attach the copies the form asks for, and leave the signature and initial boxes blank. Have your court file number and the full legal names of the parties ready.
- Book the appointment. Book online and choose Affidavit - decision-making & parenting time - Family Law Form 35.1 / 35.1A, or contact us or call (613) 434-5555. If you also need Form 35.1A, add a second seal. Appointments run every day, 8:00 AM to 8:00 PM (Ottawa time).
- Upload the completed, unsigned form and your photo ID when you book.
- On the call: show valid government photo ID, swear or affirm out loud, then initial and sign while the notary watches.
- The notary completes the jurat for a remote oath, signs and applies the seal. You receive the commissioned affidavit as a PDF.
- You serve and file it with your application, answer or motion to change. Ontario's online filing page asks for documents "completed, signed, dated, commissioned as required and saved as individual PDFs".
Online or at the courthouse? For family court affidavits, the Ministry of the Attorney General's guide notes that there are commissioners at all family court offices who will commission the form for free, which is a good option if you are going to the courthouse anyway. A video appointment with us suits you if you would rather not travel, need an evening or weekend time, or want the PDF ready for online filing. If you are unsure whether your court office takes a remotely commissioned affidavit, ask the court office before you file.
Pricing
| Service | Fee | Note |
|---|---|---|
| Commissioning Form 35.1 online (video appointment) | $24.95 per seal | One sworn affidavit, Part B included, for the person who swears it |
| Form 35.1A, if you need it (online) | $24.95 per seal | A separate affidavit, so a separate seal |
| Form 14A to update a minor change (online) | $24.95 per seal | Same rate for each later update |
| Any document marked as an exhibit | One more stamp each | The form asks for copies to be attached; only exhibits are stamped separately |
| Mobile visit (in person, anywhere in Ontario) | $24.95 per seal + $60 travel fee | Travel fee covers up to 30 km; beyond that, an additional travel fee applies |
| Card processing fee (online payments) | 2.9% + $0.30 | Shown as its own line before you pay |
Note: prices are before HST. Each party swears their own Form 35.1. We commission the affidavit; we do not prepare it or give legal advice.
See every posted rate on our pricing page.
Frequently Asked Questions
What is Form 35.1?
Form 35.1 is the Affidavit (decision-making responsibility, parenting time, contact) under Ontario's Family Law Rules. Anyone whose application, answer or motion to change a final order includes a claim about decision-making responsibility, parenting time or contact must serve and file it with that document (Rule 35.1(1)). It sets out your background, your family's court history and your plan for the children.
When do I need Form 35.1A?
Form 35.1A, Affidavit (child protection information), is needed when the child or any party to the case has been involved in a child protection case or has received services from a child protection agency (Rule 35.1(1)(a)). It is not filed in the continuing record (Rule 35.1(2)).
Who has to complete Part B of Form 35.1?
Only a person who is not the child's parent under the Children's Law Reform Act and is asking for decision-making responsibility. The form says this may include a grandparent, aunt, uncle or step-parent. Part B asks about the child's other parenting cases, your addresses since age 18, a police records check and consent to children's aid society record checks.
Does a non-parent need a police records check?
Yes. A non-parent claiming decision-making responsibility must attach a police records check obtained no more than 60 days before starting the claim, or proof that it was requested; the check is then served and filed within 10 days after it arrives (Rule 35.1(3) and (4)).
What if something in my Form 35.1 changes?
You must immediately serve and file a new Form 35.1 or 35.1A with the correct information or, if the change is minor, a Form 14A affidavit that describes it and its effect on your parenting plan (Rule 35.1(7)).
Can I swear Form 35.1 online?
Yes. Form 35.1 is sworn or affirmed before a commissioner for taking affidavits, and the Commissioners for Taking Affidavits Act allows that by video under O. Reg. 431/20: you and the notary see and hear each other the whole time, the notary confirms your identity, and the jurat is modified to state that the oath was taken under the regulation and where each of you was. If you are unsure about your court's practice, ask the court office before you file.
Can the notary help me fill in Form 35.1 or my parenting plan?
No. The notary confirms your identity, administers the oath or affirmation and commissions the affidavit. We do not fill in the form, write your parenting plan or advise on what is in the children's best interests. A Family Law Information Centre, Legal Aid Ontario duty counsel or a family lawyer can help.
How much does it cost to have Form 35.1 commissioned online?
$24.95 per seal, plus HST. Form 35.1 is one sworn affidavit for the person who swears it; a Form 35.1A, if you need one, is a separate affidavit and another $24.95 seal. Online payments also carry a card processing fee of 2.9% + $0.30.
Final Recommendation
If your case involves the children, Form 35.1 goes in with your application, answer or motion to change, and the clerk will not take the filing without it. Give yourself time for paragraph 12, your plan for the children; write "N/A" rather than leaving gaps; and check whether Form 35.1A or Part B applies to you. If you are unsure what to include, ask a Family Law Information Centre, duty counsel or a family lawyer. When it is final, swear or affirm it before a commissioner, free at the court office or online with us, and update it the moment something changes.
Book Your Appointment
Need your Form 35.1 parenting affidavit commissioned? Minute Notary commissions it by secure video for $24.95 per seal plus HST.
- Contact us: Ask a question or request an appointment
- Call: (613) 434-5555
- Service page: Affidavits
- Free template: Form 35.1, Affidavit (decision-making responsibility, parenting time, contact)
- Related guide: Form 14A affidavit, for minor updates
- Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)
Sources
- Family Law Rules, O. Reg. 114/99 (Ontario), r. 35.1
- Ontario Court Forms — Form 35.1: Affidavit (decision-making responsibility, parenting time, contact), FLR 35.1 (September 1, 2021) (PDF)
- Ontario Court Forms — Form 35.1A: Affidavit (child protection information), FLR 35.1A (December 1, 2020) (PDF)
- Ontario Court Forms — Family Law Rules forms
- Ministry of the Attorney General — Guide to procedures in family court: Steps to respond to a motion in family court
- Ontario — Family Law Information Centres
- Ontario — File family court documents online
- Commissioners for Taking Affidavits Act, R.S.O. 1990, c. C.17 (Ontario), s. 9
- O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
This article was written using AI.
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About the author
Kai Mai
Co-founder & Chief Technology Officer, Minute Notary
Kai Mai writes and edits the Minute Notary guides, working from the published federal and Ontario guidance each article links, and from what Ottawa clients actually run into with certified copies, affidavits, statutory declarations, travel consent letters, and immigration paperwork. These guides are general information written by our editorial team — not legal advice, and not a professional opinion on your document. The receiving authority always has the final say.