Form 35.1: Affidavit
What is the purpose of a Form 35.1?
If you are parent, grandparent or any other third party who is applying for decision-making responsibility, parenting time, or contact, a Form 35.1 Affidavit must be submitted to the Court.
This form is your chance to tell the court what your plan is to care for your child and how it meets your child’s needs. You explain how your plan will give your child stability and the best chance to meet his/her potential. You also disclose if you have ever been involved in any prior family proceedings, civil protection proceedings, child protection and/or criminal proceedings
It is not about the other parent or person.
What is Part A and Part B of the form?
Part A is for the parent to fill out while Part B is for a non-parent who wants to be involved in parenting the child.
What do you include in this affidavit?
You need to explain your family circumstances. First start with when you and your partner married or began living together, had children, who your children are, when you separated and where everyone lives now. Include information about who is currently taking care of your children and any persons from previous relationships.
Include information about:
- who was the primary caregiver in past
- your past and current parenting plan
- your past and current earnings and your partner’s
- Child or spousal support arrangements
- What you do to meet your children’s needs
- How you give them a stable home when they are with you
- if or why your partner’s parenting time should be limited or supervised
- concerns you have about your partner’s activities or associates, such as if you believe your children are in danger
- if you want child support or alimony or are being asked for it, any
- who will live in the matrimonial homes
- or if you want to live in a matrimonial home on your own, called exclusive possession, why that is in your children’s best interests.
- Any property division or equalization payments
The answers to these questions should be considered:
- Did you and your partner want children?
- How much time did you spend at home with the children before separating, compared to now?
- Who cared for the children as toddlers, when they came home from school and while your partner or you were working? How will you manage that now?
- How did you and your partner make decisions about the children’s schooling, health, education and other matters? How will you share those decisions now?
- Who organized their day-to-day activities, like birthday parties, play dates, child care or after school arrangements, extracurricular activities
- Who made school lunches?
- Who supervised homework?
- Who arranged and got the children to medical, dental or other appointments?
- Who went to parent-teacher sessions?
- How much time do your children spend with you since your separation or divorce?
- How will you ensure your kids have a stable, caring home life?
How do I make changes to my Form 35.1?
Minor changes can be made with an affidavit 14A. If a lot of changes are needed, an updated Form 35.1 can be filed.
Does a Form 35.1: Affidavit need to be commissioned?
This form will need to be commissioned before a commissioner of oaths.
To answer the question about if you “acted as a parent” for children aside from the ones in your application, include information about the following:
- your biological children
- your adopted children
- your step-children
- children who have been in your legal custody
- children for whom you have been named a “legal guardian”
- if foster parent, only name of agency you worked for
List any family proceedings were you were the applicant, respondent or added as a party by the court. If you went to court as a witness, you were not a party. Attach copies of any parenting orders that were made involving you or the children. Include temporary or final orders or endorsements.
