Non-Parent Custody Applications

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Definition of a parent

“Parent” means:

a biological parent of a child;
an adoptive parent of a child;
an individual declared under Part II of the Children’s Law Reform Act to be a parent of a child; and
an individual presumed under section 8 of the Children’s Law Reform Act to be the father of a child.

If you are asking the court for a custody order and you are not a parent of the child or children, you must:

Complete and file a Form 8: Application
Complete and file a Form 35.1: Affidavit in support of claim for custody or access (Parts A and B)
File a police record check
Sign a form authorizing children’s aid societies to provide information about certain records they might have relating to you

All of the forms are available at www.ontariocourtforms.on.ca.

Getting a police record check

Complete a Consent Form for Police Record Check for Non-Parent Custody Applicants
Take the form to a police station in your area
To determine which police station to take your check to, look on-line or call first to determine which police station in your area conducts police record checks
You will have to pay a fee to the police service
Make a note of when you gave the consent form to the police, so you can include this information on your Form 35.1: Affidavit in support of a claim for custody or access
When the police send you your police record check, you must serve any other parties and file it with the court within 10 days

"Recent" police record check

CAS Consents

You must complete a Children's Aid Society Report on Records form
You can complete the form at the court counter or with your lawyer
You should not swear your Form 35.1: Affidavit in support of claim for custody or access until you have completed this form

More Information

See also