Form 35.1: Affidavit (Decision-Making Responsibility, Parenting Time, Contact) | Free Template

Decision-Making Responsibility

Decision-making responsibility, formerly called child custody, refers to having the legal authority to make significant decisions regarding a child’s life. This includes choices about education, health care, religion, and general upbringing.

There are several types of decision-making responsibility, including the following:

• Sole Decision-Making Responsibility: One parent makes all major decisions for a child without the other parent’s involvement. The other parent may still have parenting time.
• Joint Decision-Making Responsibility: Both parents can make major decisions for their child together.
• Shared Decision-Making Responsibility: Both parents are involved in making major decisions for their child. For example, one parent handles healthcare matters, while the other focuses on educational choices.
• Split Decision-Making Responsibility: Each parent is responsible for one or more children. For example, one parent makes decisions for one child, and the other parent makes decisions for another.

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. During your 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 doesn’t physically reside 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.

Note: Contact does not automatically grant decision-making authority.

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, and must include details about caregiving history, parenting arrangements, and safety concerns.

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.

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

If you’re preparing to file a parenting or contact order, your Affidavit must be commissioned to be accepted by the Ontario court system. It must be commissioned by an authorized official, like a notary public or commissioner of oaths. This is a necessary step, and without it, your Affidavit isn’t valid.

You can meet with a notary online to have your Affidavit commissioned in 7 minutes, from anywhere with a Wi-Fi connection.

How Commissioning Your Affidavit Works

You can commission your Affidavit online through a secure video appointment. During your online notary appointment, the following will take place:

• You’ll present a piece of valid, government-issued ID to verify your identity.
• You’ll swear or affirm that the contents of your Affidavit are true.
• You’ll confirm that you understand the document and are signing voluntarily.
• You’ll sign and date the Affidavit while a notary witnesses in real time.
• A notary signs and applies their official stamp or seal.

To learn more about the commissioning process, check out our guide.

Note: Knowingly providing false information may be considered perjury under Canada’s Criminal Code.