Form 35.1A Affidavit (child protection information)

Who Needs Form 35.1A: Affidavit (Child Protection Information)?

This form is for anyone involved in an Ontario family law case where parenting time, decision-making responsibility (custody), or contact with a child is being discussed. If you have ever been involved with a children’s aid society—whether in a past court case or by receiving child protection services—you’ll need to complete this form.

It’s also required if you know that the other party, or the children in the case, have been involved with child protection services or court proceedings in the past.

Even if the case happened years ago, the court needs this information to make safe and fair decisions for the children involved.

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What Is Form 35.1A: Affidavit (Child Protection Information)?

Form 35.1A is a sworn affidavit that provides important details about any involvement you, the other party, or the children have had with child protection services, like a children’s aid society.

The form confirms three key things:

• Whether you’ve ever been involved in a child protection court case.
• Whether you’ve received services or support from a child protection agency.
• What you know about the other party’s or the children’s involvement in child protection matters.

This information helps the court understand if there are any safety concerns and make decisions that are in the best interests of the child.

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Where Is This Affidavit Submitted?

Once you complete and sign Form 35.1A, it must be sworn or affirmed in front of a commissioner for taking affidavits, such as a:

• Lawyer,
• Notary public, or
• Justice of the peace.

After that, you file the form with the Ontario Family Court as part of your family law case file. It’s usually submitted along with your other court documents, like your application for parenting time or decision-making responsibility.

The form is also reviewed by the judge handling your case, and it helps the court assess whether the child’s safety and well-being are properly considered.

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Why You Need a Notarized Affidavit of Child Protection Information

This form is a legal requirement in Ontario family law cases where children are involved. It shows the court that you’ve been honest about any past involvement with child protection services. Without this affidavit, the court may not accept your case materials, delay your case, or request additional information before moving forward.

Notarizing the form adds legal weight to your statement and confirms that your information is accurate and complete. It’s an important step in protecting children’s safety and ensuring fairness in family law cases.

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How to Complete and Notarize Form 35.1A

Here’s a step-by-step guide to completing Form 35.1A:

1. Fill in your full name and details as the person making the affidavit.
2. Provide details about any child protection involvement, including:
   • The name of the children’s aid society,
   • The location of the court (if applicable),
   • The case number (if known),
   • The names of involved parties and children,
   • The outcome of the case or services provided.
3. Include information about the other party and the children if you know of any child protection involvement on their side.
4. Explain the dates, locations, and nature of any child protection involvement, even if it was many years ago.
5. Swear or affirm the affidavit in front of a notary public, lawyer, or commissioner of oaths.
6. Attach any supporting documents as exhibits, if applicable.
7. File the form with the court as part of your family law case materials.

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Final Note

Form 35.1A: Affidavit (Child Protection Information) is a key part of family law cases in Ontario. It ensures the court has a clear picture of any past or present involvement with child protection services, helping to keep children safe and ensuring fair decisions for all parties.

By completing this form accurately and having it properly notarized, you help the court make informed choices that protect children and respect everyone’s rights.

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