Parenting claim affidavits: Rule 35.1

What is it for?

Rule 35.1 requires parenting claim information to accompany certain Applications, Answers, and motions to change. It helps the court assess the child’s circumstances and proposed plan.

What it can and cannot do

What it can and cannot do: It supplies information accompanying an Application, Answer, or motion to change that contains a parenting claim. It is not a stand-alone motion or a court date, and it does not replace the evidence and notice needed for a contested hearing.

Forms to use and what to put in them

Form 35.1 is the sworn parenting-claim affidavit. Complete the current form’s questions about the child, your relationship and care plan, relevant proceedings, and circumstances the court needs to assess the claim; answer accurately and specifically. If the child or a party has had the child-protection involvement or services described in Rule 35.1, complete Form 35.1A too. Other documents may be required for particular claimants—read the full rule. If information changes, serve and file the applicable update; Rule 35.1(7) permits Form 14A for a minor correction or change with its effect on the child’s plan.

Keep Form 35.1A outside the continuing record: Rule 35.1(2) expressly says it must not be filed there. Follow the court’s instructions for filing this separate child protection information affidavit.

How to prepare

1. Identify the document containing your parenting claim.Rule 35.1 applies when an Application, Answer, or motion to change a final order contains a claim about decision-making responsibility, parenting time, or contact with a child.
2. Prepare Form 35.1.Serve and file the affidavit with the document containing the claim.
3. Check whether Form 35.1A also applies.If the child or any party has been involved in a child protection case or has received services from a child protection agency, Rule 35.1(1)(a) also calls for Form 35.1A.
4. Check any additional requirements.Rule 35.1 contains further requirements for some non-parent claimants and for certain requests involving a children’s aid society. Read the full rule for your circumstances.
5. Correct information promptly.If an affidavit becomes incorrect, incomplete, or its information changes, Rule 35.1(7) requires an updated Form 35.1 or 35.1A, as applicable. For a minor correction or change, it permits a Form 14A affidavit describing it and its effect on the plan for the child.

If you are not a parent and ask for decision-making responsibility: attach a police records check obtained no more than 60 days before starting the claim, or proof that you requested it. If you filed proof of the request, serve and file the result no later than 10 days after receiving it (Rule 35.1(3)–(4)). If a children’s aid society report request is required for your claim, give the court a copy of that request with Form 35.1 (Rule 35.1(5)).

Where it goes after filing

Serve and file the required affidavit with the parenting claim under Rule 35.1. The provincial Superior Court direction places Form 35.1 and Form 35.1A, including updates, with the pleadings in Case Center. In the East Region, court staff upload accepted filings for self-represented people before trial; an upload is not a substitute for filing. Ottawa’s local notice directs pleadings through Justice Services Online, while the current provincial direction permits self-represented filing by email or at the counter too.

Provincial filing and Case Center direction ↗ · Ottawa local notice ↗

Record and Case Center are different: although current Superior Court directions address uploading accepted Form 35.1A filings for a hearing, Rule 35.1(2) says Form 35.1A is not filed in the continuing record. Follow the court’s handling instructions for that form.

How this step fits into the court process

1. Identify the parenting claim.Check the Application, Answer, or motion to change that contains it. Complete the current Form 35.1 and any required Form 35.1A and claimant-specific documents.
2. Serve and file together.Give all required parenting material to the other parties with the claim document, then file it in the same pleading or motion-to-change stream with Form 6B proof as applicable. Keep the court’s acceptance confirmation.
3. Maintain accuracy.If relevant information changes, promptly serve and file an update permitted by Rule 35.1(7). State what changed and its effect on the child’s plan rather than leaving the court with outdated information.
4. Follow the main proceeding.Form 35.1 does not book a court date or need its own Form 14C/17F confirmation. An Application, motion to change, conference, or motion has its own scheduling, service, and confirmation steps.

Rule at this step: Rule 35.1 attaches the affidavit to the parenting claim; Rule 10 or Rule 11 may govern the Answer or amendment, Rule 15 a motion to change, and Rule 6 its service.

Timeline for serving and filing

1. With the parenting claim.Serve and file Form 35.1 with the Application, Answer, or motion to change containing the parenting claim. Check whether Form 35.1A and other documents are also required.
2. After information changes.Rule 35.1(7) requires the applicable updated affidavit promptly when information is incorrect, incomplete, or has changed; a minor correction may be described in Form 14A as the rule permits. Serve and file the update.
3. Non-parent police check, if applicable: the check must be recent within the rule’s 60-day window. If you first provide proof of requesting it, serve and file the result within 10 days of receiving it.

Rule 35.1 ties the first affidavit to the claim rather than setting a separate number of days. Check the current Family Law Rules ↗

Filing gate: Rule 35.1(6) directs the clerk not to accept a document without the required parenting affidavit and accompanying documents when the rules require them. Check the package before submitting it.

Hot points to remember

• File it with the claim: Do not wait for the first court appearance to deal with the required affidavit.
• Check child protection history: Form 35.1A may apply even when the present case is an ordinary parenting case.
• Keep it current: The update requirement continues after the first affidavit is filed.
• Separate the child protection affidavit: Form 35.1A is served and filed if required, but does not go in the continuing record under Rule 35.1(2).

Where are the page and evidence limits?

Rule 35.1 does not set a general page limit for Form 35.1 or 35.1A. These affidavits accompany the parenting claim. Any later motion affidavit has its own limit under the Superior Court direction; a Case Center upload limit is not an evidence allowance.

Scope of this guide

This is a starting guide to the affidavit requirement. The exact accompanying documents depend on the claimant and case history. Check the full current Rule 35.1 and current forms.