Under the recently amended Family Law Rules*, Form 35.1: Affidavit in Support of Claim for Custody or Access is required for claims of custody or access of minor children.
In this document, the affiant (the person who swears that the information contained is true) will have to provide information as follows:
- aliases and other names ever used
- children involved in the application
- other children not involved in the application
- other court cases involving the custody of or access to any children
- court cases involving child protection matters
- criminal convictions for which a pardon has not been granted
- current criminal charges
- relevant incidents of domestic violence or abuse, whether against the spouse, a member of the household or the children
- the history of the children’s residency
- care plan for the children
For non-parent custody applicants (e.g. a grandmother), a police check must be attached to the affidavit.
In addition to the police check, the non-parent must provide the following:
- history of residency since adulthood
- consent to the court authorizing the reporting of any involvements with the various children’s aid societies
The affiants are also obliged to report any errors and ommissions and to provide with the court updates if relevant information subsequently becomes available.
*O. Reg. 114/99, R. 35.1
Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
