Non-Parent Custody Applications

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Definition of a parent

“Parent” means:

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

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

Self-Help Guide to Completing a Form 35.1:  Affidavit in support of Custody and Access

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

  • If you already have a police record check, you can file it if:
    • it meets the requirements of O. Reg 24/10; and
    • it was completed within 60 days before you started your application

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

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