You need to understand which type of decision-making responsibility you require, as it impacts how the court evaluates your Affidavit.

Parenting Time

Parenting time, formerly called access, refers to the time a child spends in your care, whether they’re physically with you or not. For example, parenting time includes hours when your child is at school but still under your care. With parenting time, you have the right to make everyday decisions for your child (e.g., bedtime), unless a court decides otherwise. You’re also entitled to receive information about your child from the other parent or third parties.

There are several types of parenting time arrangements the court may order:

• Fixed or Specified Parenting Time: Visits happen at regular, set times (such as every other weekend or on certain holidays).

• Reasonable parenting time: Visits are open and flexible, based on informal agreements between parents.

• Supervised parenting time: Visits happen with a third party or in a supervised access center, often due to safety concerns like abuse or substance issues.

• No parenting time: In serious cases, such as proven child abuse, a parent may be denied parenting time entirely.

You may confuse parenting time with decision-making responsibility, but these terms have different meanings. Decision-making responsibility refers to who can make major decisions about a child’s upbringing. Meanwhile, parenting time refers to the time a child is under a parent’s care. It also includes the right to make day-to-day decisions during that time.

Contact

Contact refers to the time a non-parent, such as a grandparent, relative, or close family friend, spends with a child. Unlike parenting time, contact is for individuals who don’t have decision-making authority but still play an important role in the child’s life. A court can grant a contact order if it finds that spending time with the non-parent is in the child’s best interests.

A contact order may allow a non-parent to spend time with the child even if the child isn’t physically with them. If you’re unsure whether you need a contact order, you can speak with a lawyer. In some cases, you might be able to resolve things by talking to the child’s parents instead of going to court.

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

You’ll need this Affidavit when applying for a parenting order or contact order with a court in Ontario. It’s required under Rule 35 of the Family Law Rules. 

More specifically, you’ll need this Affidavit when:

• You and the other parent can’t agree on a parenting plan after separation.

• You’re caring for a child whose parents are unable, unwilling, or unavailable to do so.

• You’re a relative or close family friend seeking regular time with a child.

• You need a court order to register a child for school, apply for a passport, or make medical decisions.

Who Needs To Complete Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact)?

This Affidavit must be completed by anyone who’s asking the court for decision-making responsibility, parenting time, or contact with a child. That includes parents, guardians, extended family, or any individual seeking a parental role.

You should complete this Affidavit if:

• You’re a Parent or Legal Guardian Applying for Decision-Making Responsibility: You want the legal authority to make key decisions about your child’s education, health, or overall upbringing.

• You’re a Parent Seeking Parenting Time: You want a court order that guarantees time with your child, especially if you and your ex haven’t agreed on parenting arrangements.

• You’re a Non-Parent Looking For A Contact Order: You’re a grandparent, family friend, or relative with a strong relationship with a child and want to maintain regular contact.

• You’re a Non-Parent Looking for a Parenting Order: You currently care for a child because the parents are unable, unavailable, or unwilling to do so. You need a court order to support that role legally.

Every person requesting one of these orders from the court must complete their own Affidavit. It’s your chance to explain your relationship to the child, your plan, and why you believe it’s in the child’s best interest.

Does Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) Need To Be Commissioned?

Yes. This form must be sworn or affirmed in front of a notary public, commissioner, or lawyer authorized to administer oaths in Ontario. Commissioning confirms that the information you’ve provided is truthful to the best of your knowledge. 

When commissioning Form 35.1, the official will begin by verifying your identity using your government-issued ID to help prevent fraud. You’ll then be asked to verbally swear or affirm that the contents of the Affidavit are true. After making this declaration, you’ll sign the document in the official’s presence.

NotaryPro offers fast and reliable online commissioning services for Affidavits, including Form 35.1. You can meet with a licensed notary online in minutes and have your Affidavit commissioned from the comfort of your own home.

Get Your Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) Commissioned Today!

If you’re preparing to file a parenting or contact order, your Affidavit must be commissioned to be accepted by the Ontario court system.

NotaryPro makes the commissioning process easy. You can meet with a licensed notary public online, from the comfort of your home, in under 7 minutes. We’ll ensure your Affidavit is legally commissioned and ready to be submitted. You don’t need to visit a law office or spend time commuting to an office.

Need help drafting your Form 35.1? Download our free Form 35.1 template and book your online notary appointment now to get your Affidavit commissioned today.