Your Guide to the Affidavit for Sole Decision-Making Responsibility for Children

Key Takeaways

• An Affidavit for Sole Decision-Making Responsibility is a sworn statement that may provide evidence about parenting arrangements, responsibilities, or circumstances involving a child.
• Decision-making responsibility generally refers to the authority to make significant decisions about a child’s upbringing, including education, healthcare, and other important matters.
• An affidavit may be used to support a family court proceeding or respond to a specific request for sworn information, depending on the circumstances.
• Family law requirements, terminology, and court forms can vary across Canadian provinces and territories.
• An affidavit does not automatically grant sole decision-making responsibility. Legal authority depends on applicable family law, agreements, and court orders.

When parents separate or divorce, determining who has the authority to make important decisions about their child’s upbringing can be an essential part of establishing parenting arrangements. In Canada, this authority is often referred to as decision-making responsibility and can include decisions about a child’s education, healthcare, religion, and other significant aspects of their life.

An Affidavit for Sole Decision-Making Responsibility is a sworn statement that may be used to provide information or evidence about a parent’s role, existing parenting arrangements, or circumstances supporting a request for sole decision-making responsibility.

Whether you’re preparing documentation for a family court proceeding or responding to a specific request for a sworn statement, understanding what to include and how to properly commission your affidavit can help you avoid unnecessary delays.

In this guide, we’ll explain when this type of affidavit may be needed, what information it should contain, how to prepare it, and how NotaryPro can help with the commissioning process.

What Is an Affidavit for Sole Decision-Making Responsibility?

An Affidavit for Sole Decision-Making Responsibility is a sworn written statement that provides information about a parent’s responsibilities, parenting arrangements, or circumstances involving their child. It may be used to support a family court application or provide information requested by an organization or institution.

Under Canada’s Divorce Act, decision-making responsibility refers to the authority to make significant decisions about a child’s well-being, including:

• Education: Decisions about schooling, educational programs, and other important academic matters.
• Healthcare: Decisions about medical treatment, healthcare providers, and significant health-related needs.
• Religion and Culture: Decisions about a child’s religious upbringing, cultural practices, language, and spirituality.
• Significant Extracurricular Activities: Decisions about activities that may require substantial time, financial commitments, or involvement.

When one parent has sole decision-making responsibility, they generally have the authority to make these significant decisions, subject to applicable laws, agreements, and court orders.

While the Divorce Act establishes rules for parenting arrangements in divorce proceedings, provincial and territorial laws govern many other parenting situations. Terminology and requirements may differ depending on where you live.

Does an Affidavit Grant Sole Decision-Making Responsibility?

No. An affidavit is a sworn statement of facts. It does not automatically grant sole decision-making responsibility or replace a parenting agreement or court order.

Instead, an affidavit may provide supporting evidence when a parent is requesting sole decision-making responsibility or explaining an existing parenting arrangement.

For family court proceedings, you may need to complete a specific form required by your province or territory. For example, Ontario uses Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) in certain parenting-related proceedings.

Before preparing your affidavit, confirm whether a specific court form or supporting document is required for your circumstances.

When Might You Need an Affidavit for Sole Decision-Making Responsibility?

An Affidavit for Sole Decision-Making Responsibility may be needed when a parent must provide sworn information about their parenting arrangements, responsibilities, or circumstances involving their child.

The specific requirements depend on the purpose of the affidavit, the applicable family law, and whether it is being prepared for a court or another organization.

1. Applying for Sole Decision-Making Responsibility

If you’re asking a family court to grant you sole decision-making responsibility, you may need to provide sworn information about your child’s circumstances, existing parenting arrangements, and reasons for requesting this authority.

Courts consider the best interests of the child when making parenting decisions. Relevant factors may include the child’s needs, relationships, stability, safety, and overall well-being.

For more information, visit the Government of Canada’s guide to parenting arrangements after separation or divorce.

2. Providing Information About Existing Parenting Arrangements

An affidavit may be used to explain an existing parenting arrangement, including which parent currently makes significant decisions about a child’s upbringing.

For example, a parent may need to describe their responsibilities, outline the child’s living arrangements, or reference an existing parenting agreement or court order.

However, an affidavit does not replace an existing court order or independently establish legal decision-making authority.

3. Supporting a Family Court Proceeding

During family court proceedings, affidavits may be required to provide evidence about parenting arrangements, changes in circumstances, or issues affecting a child’s well-being.

The forms and supporting documents required depend on the court and applicable legislation.

For example, Ontario has a prescribed affidavit form for certain parenting-related proceedings, while other provinces and territories have their own procedures.

Always confirm the required forms with the court handling your matter.

4. Responding to Requests for Supporting Documentation

In some circumstances, a school, government agency, or other organization may request documentation concerning a parent’s authority to make decisions for their child.

A sworn affidavit may help explain relevant facts or circumstances, but it may not be sufficient on its own. The organization may instead require a parenting agreement, court order, or another specific document.

Before preparing an affidavit, confirm exactly what documentation the requesting organization will accept.

What Information Should Be Included in an Affidavit for Sole Decision-Making Responsibility?

When preparing an Affidavit for Sole Decision-Making Responsibility, it’s important to provide accurate, relevant information about your child, your parenting arrangements, and the circumstances surrounding your request.

The information required depends on the purpose of the affidavit and whether you’re preparing it for a family court proceeding or another organization.

Generally, you may need to include the following:

1. Personal Information

Start by identifying yourself and your relationship to the child. This may include:

• Your full legal name and contact information.
• Your relationship to the child.
• The child’s full legal name and date of birth.
• The name of the child’s other parent or legal guardian, where applicable.

2. Current Parenting Arrangements

Describe the existing parenting arrangements and your role in the child’s life. Depending on your circumstances, this may include:

• Where the child currently lives.
• How parenting time is divided between parents.
• Who currently makes significant decisions about the child’s upbringing.
• Whether a parenting agreement or court order is already in place.

If an existing court order or agreement outlines decision-making responsibility, reference it accurately rather than relying solely on your own description.

3. Reasons for Requesting Sole Decision-Making Responsibility

If the affidavit supports a request for sole decision-making responsibility, explain the relevant circumstances clearly and factually.

This might involve describing your involvement in the child’s education, healthcare, daily care, or other important aspects of their well-being.

Focus on specific facts and circumstances rather than unsupported accusations or personal opinions about the other parent.

4. Supporting Documents or Evidence

Depending on the purpose of the affidavit, you may need to reference supporting documents, such as:

• Existing parenting agreements or court orders.
• Relevant school or medical records.
• Written communications concerning parenting arrangements.
• Other documentation relevant to the circumstances described.

For court proceedings, supporting documents may need to be attached as exhibits in accordance with applicable court rules.

5. Sworn Statement and Signature

An affidavit generally includes a statement confirming that the information provided is true.

The affidavit must be sworn or affirmed before an authorized person, such as a commissioner for taking affidavits or a notary public acting within their authority.

Commissioning requirements and procedures may vary depending on your province or territory and the purpose of the document.

If you’re preparing an affidavit for a family court proceeding, confirm whether you must use a prescribed court form rather than a general affidavit template.

How to Prepare an Affidavit for Sole Decision-Making Responsibility

Preparing an Affidavit for Sole Decision-Making Responsibility involves organizing the relevant information, explaining your circumstances clearly, and ensuring the document meets any applicable requirements.

While the exact process may vary depending on your province or territory, the following steps can help you get started.

Step 1: Confirm Which Affidavit You Need

Before drafting your affidavit, determine why the document is required and who will be receiving it.

If you’re preparing documentation for a family court proceeding, you may need to use a prescribed court form rather than a general affidavit template. Each province and territory has its own family court procedures and documentation requirements.

If an organization has requested the affidavit, confirm whether it has specific wording, formatting, or supporting documentation requirements.

Step 2: Gather Your Information

Collect the relevant details about your child, existing parenting arrangements, and the circumstances you need to describe.

This may include personal information, parenting agreements, court orders, and other supporting records.

Having this information ready before you begin can make the drafting process easier and help prevent omissions.

Step 3: Draft Your Affidavit

Use the appropriate court form or an affidavit template accepted for your intended purpose.

Your affidavit should clearly identify the person making the statement, explain the relevant circumstances, and present the facts in an organized manner.

When describing parenting arrangements or reasons for requesting sole decision-making responsibility, use specific, factual language.

Avoid speculation, unnecessary personal opinions, or statements you cannot support.

Step 4: Review Your Affidavit for Accuracy

Before signing, carefully review the document to ensure that:

• Names, dates, and personal details are accurate.
• Your statements are clear, factual, and consistent.
• Relevant parenting agreements or court orders are referenced correctly.
• Any required supporting documents are included.
• The document meets the requirements of the receiving court or organization.

Remember that an affidavit is a sworn statement. Providing false information can have serious legal consequences.

Step 5: Have Your Affidavit Commissioned

Once your affidavit is complete, it generally needs to be sworn or affirmed before a person authorized to administer oaths or affirmations.

Depending on your location, the document’s requirements, and the receiving organization’s rules, commissioning may be completed in person or remotely.

During the appointment, the authorized professional will verify your identity, administer the required oath or affirmation, and complete the commissioning process.

NotaryPro offers convenient Online Notary Services that may allow you to have an eligible affidavit commissioned remotely without visiting an office.

Before booking, confirm that remote commissioning is permitted for your document and will be accepted by the receiving organization.

Tips for Preparing an Affidavit for Sole Decision-Making Responsibility

When preparing an affidavit involving parenting arrangements, clarity and accuracy are essential. The following tips can help you create a well-organized document that communicates the relevant facts effectively.

Focus on Facts, Not Emotions

Family matters can be emotionally challenging, particularly when parents disagree about decision-making responsibility. However, an affidavit should focus on factual information rather than personal frustrations or unsupported accusations.

Describe specific circumstances, events, and responsibilities that are relevant to your statement.

Be Clear and Specific

Avoid vague statements that could be interpreted in different ways. Where relevant, include dates, examples, and details that help explain the circumstances.

For example, rather than simply stating that you’re responsible for your child’s education, explain the specific decisions or responsibilities you manage.

Keep Your Child’s Best Interests in Mind

When an affidavit supports a parenting-related court application, the child’s best interests are a central consideration.

Canada’s Divorce Act identifies factors courts consider when determining a child’s best interests, including their needs, relationships, safety, and well-being.

Focus on information that helps explain your child’s circumstances and needs rather than framing the affidavit solely around disagreements between parents.

Avoid Unnecessary Information

Include details that are relevant to the purpose of your affidavit. Unrelated background information, repetitive explanations, or lengthy personal accounts can make important facts harder to identify.

Organize your statements logically and use clear, straightforward language.

Review the Requirements Before Submitting

Before submitting your affidavit, confirm that you’ve followed the instructions provided by the receiving court or organization.

Depending on your circumstances, you may need to use a specific form, attach supporting documents, or follow particular commissioning procedures.

If you’re uncertain about the legal requirements or how to present your circumstances, consider seeking guidance from a family law professional.

Does an Affidavit for Sole Decision-Making Responsibility Need to Be Signed by a Notary Public?

Yes. An affidavit is a sworn or affirmed statement, meaning it must generally be completed before someone legally authorized to administer oaths or affirmations.

For an Affidavit for Sole Decision-Making Responsibility, this typically involves meeting with a commissioner for taking affidavits or a Notary Public who can administer the required oath or affirmation.

During the appointment, the authorized professional will verify your identity, administer the oath or affirmation, and witness the required signing of your document.

Commissioning confirms that you have sworn or affirmed the truth of your statement. It does not independently verify every fact in the affidavit or establish legal decision-making authority over a child.

Can You Have Your Affidavit Commissioned Online in Canada?

In some provinces and territories, eligible affidavits can be commissioned remotely through a secure video appointment.

For example, Ontario permits remote commissioning under Ontario Regulation 431/20, subject to specific requirements.

However, remote commissioning rules are not identical across Canada. Eligibility may depend on your province or territory, the document being signed, and the requirements of the court or organization receiving it.

Before booking an online appointment, confirm that remote commissioning is permitted for your affidavit and that the completed document will be accepted by its intended recipient.

What Happens During a NotaryPro Appointment?

If your affidavit is eligible for online commissioning, NotaryPro can connect you with an authorized professional to complete the required signing and commissioning process.

You’ll generally need to:

1. Have your completed affidavit ready.
2. Provide acceptable identification.
3. Connect with the authorized professional for your appointment.
4. Swear or affirm the contents of your affidavit and complete the required signing.

Once the commissioning process is complete, you can submit your affidavit according to the instructions provided by the receiving court or organization.

Frequently Asked Questions

1. Can I Get Sole Decision-Making Responsibility Without Going to Court?

In some circumstances, parents can agree on decision-making arrangements without going to court. These arrangements may be documented in a parenting agreement or separation agreement.

However, whether an agreement is legally enforceable and how it can be changed depends on the applicable federal, provincial, or territorial law. If parents cannot agree, a court may need to decide.

An affidavit alone does not grant sole decision-making responsibility.

2. Is Sole Decision-Making Responsibility the Same as Sole Custody?

The terms are related, but they are not always interchangeable.

Under Canada’s Divorce Act, decision-making responsibility refers to authority over significant decisions affecting a child’s well-being. The term custody was replaced in the federal legislation in 2021.

Some provincial and territorial laws or older court orders may still use custody-related terminology. Always check the wording of your existing agreement or court order.

3. Does Sole Decision-Making Responsibility Mean the Child Lives With One Parent Full-Time?

No. Decision-making responsibility and parenting time are different aspects of parenting arrangements.

A parent may have sole decision-making responsibility while the child spends time with both parents.

The specific arrangement depends on applicable agreements, court orders, and the child’s circumstances.

4. Can Both Parents Have Decision-Making Responsibility?

Yes. Depending on the circumstances, parents may share decision-making responsibility or divide responsibility for particular decisions.

For example, one parent might have authority over certain healthcare decisions while both parents share responsibility for education.

Parenting arrangements should reflect the child’s best interests and comply with applicable family law.

5. Can an Affidavit for Sole Decision-Making Responsibility Be Signed Online?

In some Canadian provinces and territories, eligible affidavits can be signed and commissioned remotely through a video appointment with an authorized professional.

However, remote commissioning requirements vary by jurisdiction, and some courts or organizations may require particular signing procedures or original documents.

Before booking, confirm that remote commissioning is permitted and that the receiving organization will accept the completed affidavit.

6. Can I Prepare an Affidavit for Sole Decision-Making Responsibility Myself?

Yes. You may be able to prepare an affidavit yourself using an appropriate template or prescribed court form.

Your affidavit should contain accurate, relevant facts and meet the requirements of the court or organization receiving it.

NotaryPro offers an Affidavit for Decision-Making Responsibility, Parenting Time, and Contact template to help you prepare your document.

If you’re submitting an affidavit to a family court, confirm whether a specific court form is required. Consider seeking legal advice if you’re uncertain about the document’s contents or legal implications.

Prepare Your Affidavit for Sole Decision-Making Responsibility With Confidence

Preparing an Affidavit for Sole Decision-Making Responsibility is an important step when you need to provide sworn information about your child’s parenting arrangements or support a request for decision-making authority.

Whether you’re preparing documentation for a family court proceeding or responding to a request from an organization, it’s essential to understand the requirements, provide accurate information, and ensure your affidavit is properly commissioned.

Remember that an affidavit does not independently grant sole decision-making responsibility, and requirements may vary depending on your province or territory.

NotaryPro makes it easier to take the next step. You can use our Affidavit for Decision-Making Responsibility, Parenting Time, and Contact template to help prepare your document or connect with a Notary Public to have an eligible affidavit signed and commissioned.