Affidavit in Support of Claim for Custody or Access – Form 35.1

If you are a parent, a grandparent, or a third party seeking custody and/or access to a child, you will be required to fill out Form 35.1 Affidavit in Support of Claim for Custody or Access to file your case properly in court. We can help you notarize your Form 35.1 through in-person and online notarial services.


The information you provide in this affidavit will also inform the court and help it determine the best plans and proposals in the child(ren)’s best interest.

What is Form 35.1?

Affidavit in Support of Claim for Custody or Access (Form 35.1)

The Form 35.1 Affidavit in Support of Claim for Custody or Access informs the court about the steps and means through which the deponent wishes to carter for the child(ren). This form will also inform the court if they have been involved in any custody or criminal proceedings of any nature.


Form 35.1 is intended to update the court on the deponent’s earlier involvement in any proceeding on child custody proceedings, protection proceedings, and/ or criminal proceedings.


Within the form, the deponent also will lay out a proposal and provide information about whom he/she proposes the child(ren) should live with. All this information is to be included in the Form to enable the court to make an informed decision in the best interest of the child(ren).

Where can I download  Affidavit in Support of Claim for Custody or Access (Form 35.1)

The Form can be downloaded from here.

What is Custody?

Custody is the legal ability of an adult to be responsible for, offer protective care, and make major decisions for a child/minor’s welfare and upbringing.


There are several types of custody, some of which include;


  • Sole Custody: in this type of custody, one person who is usually one of the parents, is given the legal responsibility and authority to decide on anything about the care of the child(ren) and this includes how they will be parented.


  • Joint Custody: under this type of custody, two people (usually both parents) are saddled with the shared responsibility and authority to make major decisions for the child(ren)’s welfare. This arrangement could be different from a situation where the child(ren) has to spend an equal amount of time with both parents.


  • Shared Custody: a key difference here is that both parents share both decision-making responsibilities as well as the welfare and care of the child(ren). The child(ren) is expected to live at least 40% of the time with each parent, under the Child Support Guidelines.


  • Split Custody: under split custody, the case is always that both parents have more than one child together and therefore have the children split between them. In this case, a parent has one child or more primarily living with them.

What is Access?

When the custody of a child(ren) is determined in instances of marital separation or divorce, the other parent is usually granted visitation or access rights. This means that while a parent has been granted custody of the child(ren), the other parent may be granted access or visitation rights that enable him/her to spend time with the child(ren).


This access may however be restricted if they are any form of security concerns to the welfare and safety of the child(ren). Access is important because a parent who has been granted access to the child(ren) also has the right to be informed of the child(ren)’s welfare, education, and health as the case may be.

Do I need to notarize Form 35.1?

Yes, you are required to swear or affirm before the commissioner for taking oaths or a notary public that the information contained within the Form is true.


It is your responsibility as a deponent, therefore, to ensure that the contents of your affidavit are true to the best of your knowledge, not misleading or false. It is a criminal offense to do otherwise.

Can I notarize the Affidavit in Support of Claim for Custody or Access Virtually?

Lawyers and Notaries are permitted by the Ontario Ministry of the Attorney General to witness the physical signing of affidavits and sworn statements virtually.


This means that all you need to do is to fill out the form and complete the required fields, then schedule an appointment with All-Canada Notary and have your Affidavit in Support of Claim for Custody or Access notarized online.


You can also schedule an in-person notarization, we offer services designed to suit your convenience.

How Can All-Canada Notary Help You?

All-Canada Notary is a network of notary publics posed to make notarizing fast, convenient, secure, and accessible. We can help you notarize your Affidavit in Support of Claim for Custody or Access (Form 35.1) through any of our services.


All-Canada notary operates both physical and virtual notary services that are designed to fit your schedule. You can book an appointment with us today and have your Forms notarized online or visit any of our in-person locations any day to get it done.