If you seeking an Ontario Court order for custody and/or access, regardless of whether you are a parent, a grandparent, or a third party, you must prepare a Form 35.1 Affidavit in Support of Claim for Custody or Access. Your Neighbourhood Notary can help commission your Form 35.1 Affidavit in Support of Claim for Custody or Access.
What is it? 

If you are a parent, grandparent or any other third party applying to an Ontario Court for for custody and/or access, a Form 35.1 Affidavit in Support of Claim for Custody or Access must be submitted to the Court. 

The form helps to update the Court on how the party proposes to take care of the child(ren) and if they have ever been involved in any custody, child protection, and/or criminal proceedings. 

This form does a number of things: 
  • Updates the Court on a party’s proposal for how he or she will care for the child(ren) in question,
  • Advises the Court whether he or she has ever had any earlier involvement with child protection proceedings, custody proceedings, and/or criminal proceedings as it will be relevant to the Court's determination of the issues of custody and/or access.
  • Provides information about who he or she proposes the child(ren) to live with​ so the Court understands who the child(ren) is intended to spend time with.

Once you fill it out, your Form 35.1 Affidavit in Support of Claim for Custody or Access will need to be commissioned before a commissioner of oaths before being provided to OSAP. Neighbourhood Notary can help you commission your Form 35.1 Affidavit in Support of Claim for Custody or Access. 
How Do I Obtain the Form? 

Download a Form 35.1 Affidavit in Support of Claim for Custody or Access here. ​​
DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.
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