Sole Decision-Making Responsibility for Children Guide

Key Takeaways

• Sole decision-making responsibility means one parent has the legal authority to make major decisions for the child’s overall well-being.

• Ontario recognizes several types of decision-making responsibility, including sole, joint, shared, and split.

• You must complete specific court forms, including Form 35.1, and follow the formal application and service process to apply for sole decision-making.

• The Form 35.1 Affidavit must be commissioned by a notary and includes detailed personal, legal, and parenting information to support your case.

• Courts grant sole responsibility based on the child’s best interests, assessing factors like emotional bonds, stability, and each parent’s caregiving ability.

• Use NotaryPro’s free template and online commissioning service to easily complete and validate your Form 35.1 from anywhere.

No divorce or separation is easy, especially when you have children. During this time, it’s essential to ensure that your kids feel safe, loved, and supported. Part of that support involves making decisions that prioritize their needs, like their education, healthcare, and daily life.

If you believe you should be making these decisions alone, you may be seeking sole decision-making responsibility. Now, what does this mean for you, your child, and your ex-partner? 

This guide explains what sole decision-making responsibility means under Ontario law and how you can apply for it. Keep reading below.

What Is Decision-Making Responsibility? 

Decision-making responsibility, formerly known as child custody, describes a parent’s right to make major decisions regarding a child’s upbringing and care. These major decisions may include your child’s healthcare, religion, and other important matters.

Do note that decision-making responsibility doesn’t determine where a child should live. Basically, you can hold sole decision-making responsibility, yet your child can live with either you or your ex. 

Some people may confuse decision-making responsibility with parenting time. However, these two have distinct meanings. Parenting time, previously called access, describes a child’s time spent under the care of each parent.

If ex-spouses cannot agree on a parenting time schedule without going to court, they may need to seek legal advice. However, many exes agree on such arrangements outside of court; common arrangements include 50/50 or 60/40 splits. 

When you have parenting time, you can stay informed about your child’s health, school, and daily life. However, parenting time doesn’t mean you can make major decisions on their behalf. This authority only comes with decision-making responsibility.

Different Types Of Decision-Making Responsibility

Several different types of decision-making arrangements exist. You have:

• Sole Decision-Making Responsibility: Only one parent has the right to make decisions for their children.
• Joint Decision-Making Responsibility: Both parents can make decisions for their children together.
• Shared Decision-Making Responsibility: Both parents share the responsibility, for example, one parent decides on healthcare, while the other decides on education.
• Split Decision-Making Responsibility: One parent makes decisions for one or more children while the other makes decisions for the remaining children. 

If you decide to seek sole decision-making responsibility for your children, you’ll need to provide several documents. Among these is Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact). 

What Is Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)?

Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) is a document that establishes your decision-making rights regarding your children. It acts as a sworn statement, affirming you are solely responsible for making significant choices for your children. 

You can use NotaryPro’s free template to streamline the creation of Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact). It’s quick, easy, and completely free!

All you need to do is fill in the required fields and provide some personal information. Please note that the Affidavit consists of two parts: Part A and Part B. You’ll only need to fill in Part A to request sole decision-making responsibility.

Here are the details you need to include in your Affidavit:

• Your full legal name, date of birth, and current address
• Your lawyer’s name and full address
• The respondent’s full legal name and current address
• The respondent’s lawyer’s name and full address
• Your child/children’s full name, date of birth, and who they currently live with
• Any other children you’ve parented or cared for, including their names, birthdates, and living arrangements
• Any history of past names you’ve used
• Your relationship to the child (e.g., parent, step-parent, grandparent)
• Any family court cases you’ve been involved in (including parenting, custody, or access cases)
• Any civil protection proceedings (e.g., restraining orders)
• Any past or current criminal charges or convictions
• Any history of violence or abuse involving you or your ex, relevant to parenting ability
• Where your child has lived since birth, and who their caregivers have been
• Your plan for the care and upbringing of your children
• Any special needs your child may have, and how those needs will be supported
• Proof of commissioning (a notary’s signature and official seal to validate the document)

Please remember to keep a copy for your own records and submit your Affidavit along with all the other required forms.

For non-parents seeking decision-making responsibility, you’ll be filling out part B of the Affidavit. Individuals who are considered non-parents of the child may include grandparents, aunts, uncles, sperm donors, surrogates, and step-parents.

When Do I Need Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)?

You’ll need Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) when applying for a parenting order. It supports your position by helping the judge understand why you seek sole authority and how it benefits the child’s best interest.

You may also need this Affidavit in other situations, such as:

• You and your child’s other parent are no longer living together and haven’t agreed on parenting responsibilities through negotiation or mediation.
• You’re a non-parent (e.g., grandparent, step-parent, or family friend) seeking decision-making authority because the parents are unable, unwilling or unavailable.
• You’re looking after a child whose parents have died.
• You need to legally prove your authority to:
  • Register a child for school;
  • Apply for a passport; or
  • Consent to medical treatment.

This affidavit helps formalize your role and ensures you’re legally recognized as the decision-maker for a child. 

Does My Form 35.1: Affidavit Need to Be Commissioned?

Once drafted, Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) must be commissioned. This means it must be signed in front of a notary public or a commissioner of oaths. Commissioning your Affidavit will make it a legally valid document that the court can consider. 

The online commissioning process is simple. During a video call, a notary will confirm your identity, administer an oath, and witness your signature. The notary will also sign your document and apply an official seal to it. Your role is to affirm that the information in your Affidavit is true and sign the document in the notary’s presence.

NotaryPro’s online notary service makes the commissioning process as easy as possible. Book a virtual notary appointment and have your Affidavit commissioned in under 7 minutes, from the comfort of your home or office. You can connect with a notary at your convenience, using any device, such as your smartphone or tablet.

Our online notary solution helps parents like you navigate legal processes more efficiently. No travel, no delays, just professional support when and where you need it.

How to Apply for Sole Decision-Making Responsibility in Ontario?

To apply for sole decision-making responsibility, you need to follow Ontario’s Family Law Rules, outlined in Regulation 114/99. Here’s the step-by-step overview of the application process:

Complete The Following Court Forms For The Application

• Form 8: Application (General)
• Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)
• Form 35.1A: Affidavit (Child Protection Information). 

*You only need Form 35.1A if you, your ex, or your child were involved in child protection or safety court cases.

Get Your Application Issued

Bring at least three copies of all your documents to the court clerk. These copies will be distributed to the respondent (your ex-partner) and any other person who needs a copy. You’ll also need a copy for yourself.

If you’re heading to the Ontario Court of Justice, you can go over to the family counter. If you’re attending the Superior Court of Justice, simply take a number and proceed to the registrar’s office.

You should get a file number and a notice for a Mandatory Information Program session that you and your ex-partner must attend. This two-hour session will provide you with a helpful overview of family law issues and the family court process. Don’t worry, you and the other party will be scheduled to attend different sessions.

Serve Your Application

You need to have someone else deliver copies of all the documents you’ve submitted to the court, including the Mandatory Information Program. Why? This is to ensure proper notice and prevent potential issues of harassment or intimidation between parties.

You must have someone who’s at least 18 years old to serve (or deliver) your documents directly to your ex-partner. This person can be your friend, family member, or a professional server.

Obtain Proof Of Service

Proof of service is shown in a document called an Affidavit of Service. This document verifies that all necessary documents were successfully delivered to the other party. This Affidavit includes the date and time documents were served, method of service, and name of the person who delivered them. If the other party claims they weren’t notified, this document acts as proof that they were provided with the required documents.

You must have this affidavit commissioned before submitting it to the court. You can get your Affidavit of Service commissioned online with NotaryPro. 

File Your Court Documents

Bring all your completed court documents to the family court clerk. The clerk will place them in your continuing record. This official file holds all court documents related to your case.

You’ll also need to update the table of contents, which lists each form and document in your file. If you’re unsure how to organize or file something, the court clerk can assist you. 

How Does a Judge Determine Who Gets Sole Decision-Making Responsibility?

Applying for sole decision-making responsibility is just one part of the process. The final decision ultimately rests with the judge. In Ontario, judges don’t decide based on who they feel is the “better” parent. Instead, they focus on what’s best for the child.

This is formally referred to as the “best interest of the child” test. The court looks at several factors to assess whether you or your ex should have control over major decisions. 

Factors to determine what’s in the best interest of the child include:

• The emotional bond between your child and each parent
• Your child’s preferences (depending on their age and maturity)
• The length of time your child has lived in a safe home
• Each parent’s ability and willingness to provide proper care, education, and emotional support
• Each parent’s proposed plan for raising their child in the future
• The stability of each parent’s home and family circumstances
• Whether either of you is prepared to take on the responsibilities of parenting
• The strength of the relationship between your child and everyone involved in the application

Suppose the court determines that one parent isn’t capable of prioritizing the child’s needs or that co-parenting is impossible due to conflicts. In this case, it may choose to grant sole decision-making responsibility to one parent. 

Please keep in mind that every case is unique. If you feel decision-making responsibility should rest with you, you must back up this claim with solid evidence. You need to demonstrate that it would be in your child’s best interest for you to have sole decision-making responsibility.

Take the First Step Toward Sole Decision-Making Responsibility

Choosing to seek sole decision-making responsibility shows you’re putting your child’s best interests first. So, are you ready to move forward? Use our free template of Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) to get started.

Once you’ve completed the form, meet with a notary public online and commission your Affidavit in minutes. NotaryPro makes it easy to connect with a licensed professional from any device, wherever you are.

Book your online appointment, and take the next step toward protecting your child’s future with confidence!