Form 34J Affidavit of Independent Legal Advice (Child’s Lawyer)

Who Needs Form 34J: Affidavit of Execution and Independent Legal Advice (Children’s Lawyer)?

This form is for lawyers acting on behalf of the Office of the Children’s Lawyer (OCL) in Ontario, or any legal professional who has provided independent legal advice to a child or party involved in a family law matter such as custody, access, or adoption. It’s required when confirming that a legal document—often a consent, agreement, or waiver—was properly explained, understood, and voluntarily signed.

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What Is Form 34J: Affidavit of Execution and Independent Legal Advice?

Form 34J is a sworn legal affidavit confirming two key things:

1. That the document in question was signed and witnessed in accordance with the law.
2. That independent legal advice was given—meaning the person signing understood what they were agreeing to and wasn’t under pressure or confusion.

This form is typically used when a child’s rights or interests are involved and is often filed alongside court materials to show that a decision was made freely, fairly, and with full understanding of the legal consequences.

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Where Is This Affidavit Submitted?

This affidavit is submitted to the Ontario Family Court as part of a family law or child protection file. It is usually attached to the legal document that was signed (such as a consent to adoption, custody agreement, or settlement involving a minor) and helps the court confirm that the agreement is valid and enforceable. It may also be reviewed by judges or OCL staff during case assessments.

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Why You Need a Notarized Affidavit of Execution and Legal Advice

This form proves that the signer received independent legal advice and that the execution (signing) of the document was handled properly. Courts take these safeguards seriously—especially when children’s interests are involved. Without this affidavit, the court may question the validity of the signed document, delay proceedings, or require further hearings. Notarization gives the affidavit legal credibility and ensures it meets Ontario’s standards for enforceability.

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How to Complete and Notarize Form 34J

1. Fill in your name, law society number, and role as legal counsel or Children’s Lawyer representative.
   Include your office address and the name of the client or child involved.
2. Describe the document that was signed and the nature of your legal advice.
   Confirm that you explained the legal consequences, answered questions, and that the client signed voluntarily and with full understanding.
3. State that you witnessed the execution (signing) of the document.
   This confirms no part of the process was rushed or done under duress.
4. Attach a copy of the signed document as an exhibit.
   Make sure all signatures and dates are visible and legible.
5. Do not sign Form 34J until you are before a notary public or commissioner of oaths.
   Bring valid ID and the supporting document for verification.
6. File the affidavit with the family court or submit it to the Office of the Children’s Lawyer.
   This ensures the signed document is recognised and enforceable.

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Final Note

Form 34J: Affidavit of Execution and Independent Legal Advice (Children’s Lawyer) plays a vital role in protecting the rights of children and vulnerable parties in Ontario’s family law system. It confirms that key documents were signed correctly and with full legal understanding. When properly sworn and filed, this affidavit helps the court trust that the process was transparent, respectful, and fair.

 

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