Form 35.1 "Affidavit in Support of Claim for Custody or Access" - Ontario, Canada

Form 35.1 or the "Affidavit In Support Of Claim For Custody Or Access" is a form issued by the Ontario Court of Justice.

Download a fillable PDF version of the Form 35.1 down below or find it on the Ontario Court of Justice Forms website.

ADVERTISEMENT
ADVERTISEMENT

Download Form 35.1 "Affidavit in Support of Claim for Custody or Access" - Ontario, Canada

1296 times
Rate (4.8 / 5) 62 votes
ONTARIO
Court file number
(Name of Court)
Form 35.1: Affidavit in Support of
at
Claim for Custody or Access, dated
Court office address
Applicant(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal
postal code, telephone & fax numbers and e-mail address (if any).
code, telephone & fax numbers and e-mail address (if any).
Respondent(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal
postal code, telephone & fax numbers and e-mail address (if any).
code, telephone & fax numbers and e-mail address (if any).
Affidavit in Support of Claim for Custody or Access
(If you need more space, attach extra pages.)
My name is
(full legal name)
My date of birth is
(d, m, y)
I live in:
(name of city, town or municipality and province, state or country if outside of Ontario)
I swear/affirm that the following is true:
PART A:
TO BE COMPLETED BY ALL PERSONS SEEKING CUSTODY OR ACCESS
(Write "N/A" if any of the paragraphs do not apply to you or the child(ren).)
1. During my life, I have also used or been known by the following names:
2. The child(ren) in this case is/are:
My relationship
Name(s) of all people
to the child
Birthdate
Full legal name(s) of
the child lives with now
Child’s Full Legal Name
Age
(specify if parent,
parent(s)
(d, m, y)
(include address if the child
grandparent, family
does not live with you)
friend, etc.)
FLR-35-1-E (2009/11)
Continued on next sheet
ONTARIO
Court file number
(Name of Court)
Form 35.1: Affidavit in Support of
at
Claim for Custody or Access, dated
Court office address
Applicant(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal
postal code, telephone & fax numbers and e-mail address (if any).
code, telephone & fax numbers and e-mail address (if any).
Respondent(s)
Full legal name & address for service — street & number, municipality,
Lawyer’s name & address — street & number, municipality, postal
postal code, telephone & fax numbers and e-mail address (if any).
code, telephone & fax numbers and e-mail address (if any).
Affidavit in Support of Claim for Custody or Access
(If you need more space, attach extra pages.)
My name is
(full legal name)
My date of birth is
(d, m, y)
I live in:
(name of city, town or municipality and province, state or country if outside of Ontario)
I swear/affirm that the following is true:
PART A:
TO BE COMPLETED BY ALL PERSONS SEEKING CUSTODY OR ACCESS
(Write "N/A" if any of the paragraphs do not apply to you or the child(ren).)
1. During my life, I have also used or been known by the following names:
2. The child(ren) in this case is/are:
My relationship
Name(s) of all people
to the child
Birthdate
Full legal name(s) of
the child lives with now
Child’s Full Legal Name
Age
(specify if parent,
parent(s)
(d, m, y)
(include address if the child
grandparent, family
does not live with you)
friend, etc.)
FLR-35-1-E (2009/11)
Continued on next sheet
Form 35.1:
Affidavit in Support of Claim for
(page 2)
Court file number
Custody or Access
My relationship
Name(s) of all people the
to the child
Full legal name(s) of
Birthdate
child lives with now
Child’s Full Legal Name
Age
(specify if parent,
parent(s)
(d, m, y)
(include address if the child does
grandparent, family
not live with you)
friend, etc.)
3. I am also the parent of or have acted as a parent (for example, as a step-parent, legal guardian etc.) to the following
child(ren):
(include the full legal names and birthdates of any child(ren) not already listed in paragraph 2)
Name(s) of the person(s) with whom
My relationship to the child
Birthdate
Child’s Full Legal Name
the child lives now
(specify if parent, step-parent,
(if the child is under
(d, m, y)
grandparent, etc.)
18 years old)
FLR-35-1-E (2009/11)
Continued on next sheet
Form 35.1:
Affidavit in Support of Claim for
(page 3)
Court file number
Custody or Access
4. I am or have been a party in the following court case(s) involving custody of or access to any child:
(Including the
child(ren) in this case or any other child(ren). Do not include cases involving a children’s aid society in this section. Attach a copy of any
custody or access court order(s) or endorsement(s) you have.)
Court orders made
Court location
Names of parties in the case
Name(s) of child(ren)
(include dates of orders)
5. I have been a party or person responsible for the care of a child in the following child protection court case(s):
(attach a copy of any relevant court order(s) or endorsement(s) you have)
Names of people involved in
Name of children's aid
Court orders made
Court location
the case
society
(include dates of orders)
6. I have been found guilty of the following criminal offence(s) for which I have not received a pardon:
Approximate date of
Charge
Sentence received
finding of guilt
FLR-35-1-E (2009/11)
Continued on next sheet
Form 35.1:
Affidavit in Support of Claim for
(page 4)
Court file number
Custody or Access
7. I am now charged with the following criminal offence(s):
Terms of release while waiting for trial
Date of next court
Charge
(attach copy of bail or other
appearance
release conditions, if any)
8. When the court is assessing a person’s ability to act as a parent, s. 24 (4) of the Children’s Law Reform Act requires
the court to consider whether the person has at any time committed violence or abuse against:
his or her spouse;
a parent of the child to whom the claim for custody or access relates;
a member of the person’s household; or
any child.
I am aware of the following violence or abuse the court should consider under s. 24 (4) of the Children’s Law
Reform Act:
(describe incident(s) or episode(s) and provide information about the nature of the violence or abuse, who committed
the violence and who the victim(s) was/were)
9. To the best of my knowledge, since birth, the child(ren) in this case has/have lived with the following caregiver(s):
(including a parent, legal guardian, children’s aid society etc.)
Period(s) of Time with
Name(s) of Caregiver(s)
Child’s Name
Caregiver(s)
(if the child was in the care of a children’s aid society,
give the name of that children’s aid society)
(d,m,y to d,m,y)
FLR-35-1-E (2009/11)
Continued on next sheet
Form 35.1:
Affidavit in Support of Claim for
(page 5)
Court file number
Custody or Access
Period(s) of Time with
Name(s) of Caregiver(s)
Child’s Name
Caregiver(s)
(if the child was in the care of a children’s aid society,
give the name of that children’s aid society)
(d,m,y to d,m,y)
10. My plan for the care and upbringing of the child(ren) is as follows:
a) I plan to live at the following address:
b) The following people (other than the child(ren) involved in this case) will be living with me:
Has this person been found
Has a child of this
guilty of a criminal offence (for
Full legal name and
person
Relationship
Birthdate
which he/she has not received a
other names this
ever been in the care of a
to you
pardon) or is he/she currently
(d, m, y)
person has used
children’s aid society?
facing criminal charges?
(if yes, give details)
(if yes, give details)
c) Decisions for the child(ren) (including education, medical care, religious upbringing, extra-curricular activities,
etc.) will be made as follows:
jointly by me and
(name(s) of person(s))
by me
by
(name(s) of person(s))
(If necessary, provide additional details below.)
FLR-35-1-E (2009/11)
Continued on next sheet
Page of 10