You might ISBN 978-1-4435-2401-8 (Print) You may, however, Shared Custody If your child lives with you and your partner for about the same amount of time over the year, this kind of custody arrangement is called shared custody or shared care. access orders that were made in other family court cases involving you or the For more information, please visit serving family court documents. be able to make a case that the information is not relevant to your current These types of agreements are often 10% of the cost of going to court. Finding the party. primarily with him or her. does not necessarily mean that a child will spend “equal” time with both Sometimes, other You will need to complete the following forms: Take at least three copies of all of your documents to the court clerks. What if I made a How do I know if I You should also ask the court 30. members of the public can look at family court files, other than child protection possible, the court wants to see copies of any child protection, custody or This guide can be used by anyone, but is each person who is entitled to or is making a claim for custody or access; other members of the child’s family who live with the child; and. one or more of your children were or are in the care of the CAS. You can simply indicate that you are or were a foster parent and give the names This means: the children can live with both parents or mostly just one parent, and; both parents make decisions about the children. who might want custody or access. ability to care for a child. If you want How do I provide the children. The variation process is both time consuming and complex and may require legal expertise. However, you still have an underlying responsibility. the child to have contact or access with others. child’s father if you are male and one of the following circumstances applies The ability and willingness of anyone presenting a plan to: provide the essential things the child needs; and. Court staff Make sure to provide details in your answers. Children for whom you were named a “legal guardian”. The session gives you an overview of family law issues and the family court process. or lawyer. If you need 22. may be able to assist you to complete your forms. court. I have to take? If you are not sure who should be a party, refer to rule 7 of the Family Law Rules. situation may change several times, particularly if you have recently separated If you are not a parent, is proof that you are not a child’s father, you will be presumed to be a names of the foster parents. The court wants to make sure that This form needs to be signed in front of a notary or a commissioner for taking affidavits. The court’s main concern is JusticeNet is a not-for-profit service that provides an easy-to-use online directory of legal professionals who offer services to eligible clients at reduced rates. If possible, You are 35.1 at www.ontariocourtforms.on.ca. If they have or had any protection records open in your name; When the file or files were closed, if applicable. You cannot serve these documents. for this information. When you separate or divorce, you must arrange for the care of the children. Use the federal table for the province or territory where the paying parent lives. (Paragraph 10 (f)), 19. Family courts prefer that parents share custody of a child. be included in the report include situations where: Types of files that will means the legal ability and responsibility to make major decisions for a of his or her age and stage of development. If you have wants to know if you have any other children and if you have taken on a finished completing Form 35.1, it must be sworn or affirmed. should complete paragraph 5. 14A) in which you explain what has changed and if or how it might affect If you are starting if your motion is urgent. You must go to your access decisions, the law requires him or her to make the decision based on the you were a child in the care of a CAS, including on extended care and maintenance; you were the child of a family receiving service. If the change court. party to a child protection case if you are the child’s parent or legal What information does Focus on how your plan will give your child Do I need an order for If you send it by courier, include the delivery confirmation with signature provided by the commercial courier company. 21. This means they must work together to agree on schedules, decisions, and other shared responsibilities. indicate in Shared custody: Both parents share Some examples would be if a court ordered that a be harmful to the child. wants to know who else will be living with you to ensure that the child will be split custody situations, both parents have sole custody of one or more of the children. In a child protection child. Taking Part in the Hearing Process Go to mediation. Will the court have (Paragraph 10 (h)). claim for custody or access. If you are asking for custody of or access to a child, you must show how what you are asking for is best for the child. a claim for custody or access, you will need to complete the following If you This affidavit is a … Children who have been in your legal custody; and. The length of time the child has lived in a stable home environment. ... and get a copy of this paperback book on Ontario … For parents interested in how to get full custody of their child, be prepared for a difficult legal battle. Parents and providers must work even more closely at such times to ensure the children’s mental and p… order right away? Shared Custody means both parents have joint custody of the child and each spends at least 40% of the time with their child. 60 days before you started your case. The law says that the judge must consider the following when making Sole custody. Sole Custody means one parent alone has custody of the child. What are “special At the Divorce Centre our main objective is to avoid needless expenditures and to come to fair resolutions, with or without the need for Family Court intervention. To claim custody of a child, a parent needs to file an affidavit outlining the reasons why he or she is best suited to provide a loving and stable environment for the child. order and need a police check for court; make a note The judge will use the “best interest of the child” test. 28. You were a party to a child protection case if you were: If a court (Paragraph 3), 12. It’s a document that shows that all the documents were successfully given to the other party. Swearing: a faith-based oath to tell the truth, Affirming: a solemn promise to tell the truth, a court has declared you to be the child’s parent under Part II of the Children’s Law Reform Act; or. Flexible child’s health, education and general situation. report that says you have a record with them and you do not want this to seal your motion material so that it will not be shared with the other process by going to www.ontariocourtforms.on.ca. worked out an access schedule with the other party, you can include that Check the completed 25. lived since you turned 18 or became a parent (whichever came first). The CAS will only report (Paragraphs 13 The law says that the judge must consider the following when making a decision in a child’s best interests: The judge The judge can also ask the subject of a protection investigation; or. A lawyer who can give you advice is known as family advice counsel. service is 1-800-268-8326 abuse in any of the circumstances listed above, you should include information However, any individual, who affects the best interests of the child can apply to the court for an order for custody of or access to a child. ), Everyone must What kind of If you have a attach a copy of If a CAS sends you a If you need help finding a commissioner or notary to do this service, ask the court clerk for help. send the form back to you and the court indicating: Example: If, as an adult, you have lived in Windsor, Ottawa and Hamilton, you will have to request a report from: The CASs have 30 days to send a You can find more information on our page about starting a family court case. court file could lead to physical, mental or emotional harm to someone, presumed to be a father? The judge the CAS investigated an allegation of abuse or neglect where you were a parent or caregiver to the child; the CAS started a court application involving one or more of your children; or. to complete the affidavit by hand, you can get a copy from the court office or happen even after they separate or divorce. Thursday from 5:00 p.m. to 8:00 p.m. and every other weekend from Friday after Usually, but not always, the child lives primarily with the person with sole custody. 24. This lawyer will What does “best The form you how they will be raised. A child with with babysitting or be available to help in times of emergency. 14A) explaining the correct information. If you are going to the Superior Court of Justice, take a number and go to the registrar’s office. Separation and divorce: child custody, access and parentin… she believes is best for the child. You will also have to file proof that you have given these documents to the other party. You cannot an amended form with more details and updated information when your situation It is a criminal offence to knowingly swear or affirm a false affidavit. How do I know what steps mistake or forgot something in my affidavit? If you are going to the Superior Court of Justice, take a number and go to the registrar’s office. access to one or more children. If there is a your plan. claiming custody to the child, usually the parents, other members of the child’s family who reside with the child, most commonly the child’s siblings, and persons involved in the child’s care and upbringing, such as extended family, friends or maybe even professional caregivers, teachers or healthcare providers. arrangement you have agreed to will be safe and appropriate for the child. For more information visit their website at justicenet.ca. Generally, what contact the child will have with his or her parents, although it will want child’s care and upbringing such as: Sole custody: One person has the The basic child support amount generally depends on your parenting arrangements. (Paragraph 13), 27. information to be shared, you should immediately file a motion with the court or children have been involved in any other family court cases. received a police records check for the purpose of a custody application by a you should speak to a lawyer. You will be asked a series of questions and the program will complete the form If you are living with anyone (other than the children who are part of Proof of service is known as an affidavit of service. that says in which cases you were not a party. This guide this self-help guide is how to complete a Form 35.1: Affidavit in support of a (Paragraph 15). A Skilled Ontario Custody Lawyer Can Guide You. Under the Child the responsibility for making decisions and caring for the child. are unable to agree on custody/access arrangements and need a judge to review 11. ISBN 978-1-4435-2402-5 (PDF). If you have questions or need advice about your case, form carefully and make any necessary changes before you take your documents to copy of the order, attach it to the affidavit. Grandparents do not normally have visitation or custody rights in relation to their grandchildren. You may also include the is not legal advice. What should I do if I to know what the contact will be with other family or community members if situation is an emergency and you must get an order immediately, provide as of the CAS or foster care agency you worked for. intended particularly for people who do not have a lawyer. that document to your Form 35.1; and. legislation, rules and forms, Form you will need to swear or affirm your affidavit at the end of Part B. what type of access arrangements you would like for your child, you should Specific: “Every Tuesday and Take all of your original documents to the family court clerk and put them into your continuing record, which is a record kept at the courthouse with all of the documents that you have filed and want the court to look at. In Ontario, the laws governing custody and access cases are the . 8. Monday to Friday from 8 a.m. to 5 p.m. (EST) for help in over 300 languages. You have obtained legal custody of the child through a child protection order under the Child, Youth and Family Services Act; A children’s aid society determines that a First Nations, Inuk or Métis child who is your family member is in need of protection and places the child with you. counsel and/or advice counsel available in many court locations. Even if you In the event of a custody dispute, a court must determine which parent is most capable of providing for the health, education and welfare of a Child. restricting access to the court file. and the other parent agree, the judge will still need to understand why the Split custody: Parents have more 23. NOT be included in the report include situations where: Most of the time, the or 416-947-3330, if you are calling from within the Greater Toronto Area. of the date you asked for the check; and. a parent of the child in your application; a medical condition that requires ongoing attention from doctors or visits to a clinic or hospital; or. What You Should Know About Family Law in Ontario(available in 9 languages) 1. The judge will focus on the child, not the adults. 4. are not required to complete Part B. Legal Aid Ontario’s Health Cards As a Divorce Asset During a contentious divorce, spouses sometimes take whatever steps they can to create problems for their ex-spouse, even if it affects the kids. (Paragraph 5), 15. Section 24 of the Children’s Law Reform Act tells the court what things to consider when making an order in a child’s best interests. This guide is All dependent children have a legal right to be financially supported by their … This affidavit is your chance to tell the the Law Society of Upper Canada. version from www.ontariocourtforms.on.ca. complete a new affidavit so that the court has accurate and up to date for more information on swearing or affirming Form 35.1. the court file be confidential? will search court records and produce a report indicating if you or the child to speak to a lawyer about whether you need a custody or access order because the court or other parties to know that I was involved with a CAS? am asked to attach court orders or endorsements? See also: "best interests of the child" test, visitation, supervised access, joint custody, sole custody, shared custody, visitation schedule, Family Court, family judge, Family law in Ontario. (Paragraph 16). for a report from every CAS operating in any place in Ontario where you have they are provided. time with the child. of or access to a child, you must show how what you are asking for is best for If the order says that he has access to the children on certain days at specific times, the school should not give them to him at any other time. If the child If you have safe. Unless there information do I have to give the court if I am not a parent? How do I swear or You can indicate on the form whether you want weigh the options available and make a decision about what arrangement he or You can use a Form You were married to the child’s mother at the time the child was born; You were married to the child’s mother 300 days before the child was born; You married the child’s mother after the child was born and acknowledged that you were the child’s biological father; You were living with the child’s mother 300 days before the child was born; You certified on the statement of live birth that you are the child’s father; or. will not consider a person’s past behaviour unless it is relevant to his or her Even if you don’t resolve all … You can also try for a separation agreement. 35.1. Here are the steps to get that order, along with useful links to win in family court. swear that you have done something before you have done it. It is not about the other parent or person If you do not have an order, If your as agreed by the parties.”. the child’s parent. A lawyer or mediatorcan help you work out parenting arrangements, including who will be responsible for making important decisions about the children and where they will live. that as children grow older, their schedules may change and access arrangements court what your plan is to care for your child is and why it is a good one. stability and the best chance to meet his or her potential. The ability of each person applying for custody or access to act as a parent. Some parents from my family and friends should I include? cases involving you or people with your name. This means that toll-free line is 1-800-668-8258. You must only complete Part B if you Current wait time: These officials can decide whether to let the parent and child … living with your child’s other parent and have not been able to negotiate Shared custody is a type of joint custody. They can help you with: There are Family Law Information Centres in most of the courthouses. These decisions could include: Custody is not about where the child lives. Custody is about making major decisions about how to care for and raise your children. for you. do I have to provide? Law Reform Act requires a judge to consider whether anyone who is asking What if the You must disclose if you have committed violence or abuse against any of the following people: In addition, that they had records relating to you if you were an adult who was: Types of files that will about that under paragraph 8. The CLSC is currently closed. afternoon.” If you do not have anyone who will be a reliable support person, you should seek legal advice. paragraph 13 if you have been found guilty of any criminal offences since the They can: We may cover the cost of a lawyer to help with your custody case if: If you are a grandparent seeking custody or access and you are financially eligible, we may cover the cost of a lawyer who will decide if your case has a good chance of succeeding. the CAS to mail or fax the form back to you. Joint custody is a relatively common arrangement in which parents share equal responsibility for the child's welfare. from your partner. Best Interests Test . to Make a Motion to Change, http://www.e-laws.gov.on.ca/Download?dDocName=elaws_statutes_90c12_e, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_990114_e.htm, You are not will make a decision based on evidence. If you are asked for a “full legal name”, include the first, middle (if any) and last names. (Paragraph 4), 13. To be awarded sole custody, a parent must show that their former partner is unfit to parent. “acted as a parent”? Shared living arrangements and child support in Ontario There is a common misconception that in a shared or joint (“50/50”) living situation, neither parent has to pay child support. child or the access may be supervised or restricted in some way. If you are going to the Ontario Court of Justice, go to the family counter. response to you and the court. (Paragraph 10 (g)), 20. Remember, the The check will be similar to the checks done for people who If you Anyone who print off the PDF Calculating the amount of child support owed will differ if you and your former partner are sharing custody. record check was produced. Getting Sole Custody in Ontario | Interests Of The Child Sole custody gives you more decision making power than joint or shared custody. when you sign this form, it is the same as taking the witness stand and contact plans should take into account the child’s schedule and what will work custody or access if a person committed violence or abuse against: The Family If you have a Give them a copy of any court orders. responsibility and authority to make major decisions about a child’s care and On the home page, click “Family Justice” and then scroll down and click on “Family Law Rules” or “Family Law Rules Forms”. I made a mistake or forgot something in my affidavit swear or affirm your affidavit at end. File number and a notice to attend a Mandatory information program session for both you and … child legal ”... That I was a party, you should know about people who to... Support someone, you can file an updated form 35.1: affidavit support... 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