After completing the mandatory introductory portion of your affidavit, you put in the content. The clauses in this section are all optional. The ones you choose will depend on your specific situation. But you should always include some General Information clauses.
This section relates to parenting and covers the following topics:
Guardianship
Parenting arrangements
Information about the children
Information about you or the other party
Family violence, child protection, and criminal history
The general instructions for this section are as follows:
Decide which clauses apply to your situation. Click Don't include for the clauses that don't apply. For the paragraphs you include, fill in or select supporting information to complete the clause, as prompted.
If there's other relevant information you wish to record, include the blank text box, found at the end of each section. Insert your own statement here. Include specific and factual details, including the date (where possible).
If you have documentation to support a statement you made, include it as an exhibit. Select the clause found at the end of each section that says, "Attached as Exhibit…". Refer to and label your exhibits in chronological order (A, B, C, etc.) in the affidavit. The commissioner who swears your affidavit must also review, label, and sign each exhibit.
Click Show instructions at the beginning of each topic for more information and specific directions.
Remember that all the paragraphs below are automatically included in your text file unless you click Don't include. If you change your mind, you can always include them again by clicking Include. Also remember that you can always edit this content in your text file later. So don't worry if you're waiting for additional information, can't remember something right now, make a mistake, or if something changes.
I am the:
claimant
respondent
Child/children's names:
General information
Show instructions
Although none of the content clauses are technically mandatory, these General Information clauses are important to include in your affidavit:
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
To state your reason for swearing this parenting affidavit, choose the correct clause from clauses 1 – 4. If your situation isn't covered by clauses 1 – 4, include clause 5 and enter your own statement.
For clauses 6 and 7, choose the one that applies:
a. If there are no previous agreements or orders about guardianship or parenting arrangements, choose clause 6. This includes agreements or orders made under the Family Law Act or Divorce Act, or under the family laws of another jurisdiction or court.
b. If there are previous agreements or orders about guardianship or parenting arrangements, choose clause 7. Attach copies of these agreements or orders in chronological order as an exhibit to the affidavit. (If the court orders are from the same court file as your affidavit, you don't need to attach them.)
Include clause 8 if you want to change an order or agreement about parenting arrangements. There must have been a change in the needs or circumstances of the child since the order or agreement. Explain this and why a change in the parenting arrangements is required.
For clause 9, include information about steps you have taken to resolve the dispute. The Family Law Act (and the Divorce Act) encourages families to resolve their disputes out of court where possible. It may be helpful for the court to know what efforts you've made. You can't include information about what was said or proposed at mediation or other confidential dispute resolution processes.
Include clause 10 if there's other relevant information you wish to record. Insert your own statement in the text box. (See our sample affidavit for examples.)
Include clause 11 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order. (See our sample sample affidavit for examples.)
I swear this affidavit because:
1
I am applying to this Court to determine parenting arrangements.
Include
Don't include
2
I am responding to an application to this Court to determine parenting arrangements.
Include
Don't include
3
I am applying to this Court to change the parenting arrangements that are currently in place.
Include
Don't include
4
I am responding to an application by the (claimant/respondent) to change the parenting arrangements that are currently in place.
Include
Don't include
5
Other:
Include
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6
There are no previous agreements or orders in place about guardianship or parenting arrangements.
Include
Don't include
7
There are previous agreements or orders, dated , in place about guardianship or parenting arrangements. Attached as Exhibit in chronological order are copies of all agreements, or orders made by another court.
Include
Don't include
8
Since the previous agreements or orders of this Court about guardianship or parenting arrangements, dated , the following change in circumstances has occurred:
.
Include
Don't include
9
The (claimant/respondent) and I have attempted to resolve our current dispute through dispute resolution as follows:
Include
Don't include
10
Include
Don't include
11
Attached as Exhibit are copies of .
Include
Don't include
Guardianship
Show instructions
If you and the other parent lived together with the children before separation, you both continue to be guardians when you separate, unless an agreement or order made after separation says otherwise. If you and the other parent never lived together with the child, you may not both be guardians. To learn more about guardianship, see Guardianship and Parenting apart.
Don't give up guardianship without getting legal help first.
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
If you and the other party lived with the children together, choose clause 12. If you've each lived with the children separately, but not together, choose clause 13.
If one party hasn't lived with the children, choose an alternate clause from the options provided in clauses 14 – 18.
Include clause 19 if there's other relevant information you wish to record. Insert your own statement in the text box.
Include clause 20 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
12
The (claimant/respondent) and I are each guardians of the children under the Family Law Act because we have lived together with the children.
Include
Don't include
13
We have never lived together with the children, but the (claimant/respondent) and I are each guardians of the children under the Family Law Act because the children have resided with each of us.
Include
Don't include
14
The (claimant/respondent) and I are each guardians of the children under the Family Law Act because even though the children have never resided with the (claimant/respondent), I agree that the (claimant/respondent) is also a guardian of our children.
Include
Don't include
15
The (claimant/respondent) and I are each guardians of the children under the Family Law Act because even though the children have never resided with me, the (claimant/respondent) agrees that I am also a guardian of our children.
Include
Don't include
16
The (claimant/respondent) and I are each guardians of the children under the Family Law Act because even though the children have never resided with the (claimant/respondent), that parent regularly cares for the children.
Include
Don't include
17
I am a guardian of the children, but the (claimant/respondent) is not a guardian of the children because they have never resided with the children, and we do not have an agreement that they are also a guardian.
Include
Don't include
18
I am not a guardian of the children because I have never resided with the children, and the (claimant/respondent) and I do not have an agreement that I am also a guardian.
Include
Don't include
19
Include
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20
Attached as Exhibit are copies of
Include
Don't include
Parenting arrangements
Show instructions
This portion of your affidavit will describe your current and/or former parenting arrangements. (Proposed new arrangements are discussed later.) Under the Family Law Act, this refers to parental responsibilities and parenting time. This doesn't include contact with a child.
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
Include clause 25 to record a specific incident relevant to parenting arrangements. Examples are helpful to describe the current situation or challenges in the parenting arrangements, or to support your position. Include the date of the incident and specific details.
Include clause 26 if there's other relevant and factual information you wish to record. Insert your own statement in the text box.
Include clause 27 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
21
Before separation, the (claimant/respondent) and I shared the care of the children as follows:
Include
Don't include
22
Since separation, the (claimant/respondent) and I have shared the care of the children as follows:
Include
Don't include
23
Since separation, the parenting schedule has been as follows:
Include
Don't include
24
Parenting time for the following dates did not proceed because
Include
Don't include
25
On or about , the following event occurred:
Include
Don't include
26
Include
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27
Attached as Exhibit are copies of
Include
Don't include
Information about the children
Show instructions
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
Include clause(s) 29 and/or 30, as needed, to record a child's medical problems, special needs, or challenges at school. You can attach relevant documents as exhibits. Insert the exhibit letter in chronological order.
Include clause 36 if there's other relevant and factual information you wish to record. Insert your own statement in the text box.
Include clause 37 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
28
The children attend
Include
Don't include
29
My child has the following medical problems, special needs, or challenges at school:
Attached as Exhibit in chronological order are copies of the applicable reports, assessments, or other documents.
Include
Don't include
30
My child has the following medical problems, special needs, or challenges at school:
Attached as Exhibit in chronological order are copies of the applicable reports, assessments, or other documents.
Include
Don't include
31
The children have the following interests or activities:
Include
Don't include
32
The children's relationships with other family members are
Include
Don't include
33
The children have said the following to me about their wishes:
Include
Don't include
34
The children's emotional well-being appears to be
Include
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35
Since separation, I have taken the following steps to reduce disruption in the children's lives:
Include
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36
Include
Don't include
37
Attached as Exhibit are copies of
Include
Don't include
Information about you or the other party
Show instructions
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
Include clause 46 to record a specific incident relevant to parenting. Examples are helpful to describe the current situation or challenges in the parenting arrangements, or to support your position. Include the date of the incident and specific details.
Include clause 47 if there's other relevant and factual information you wish to record. Insert your own statement in the text box.
Include clause 48 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
38
My living arrangements are
Include
Don't include
39
The (claimant/respondent)'s living arrangements are
Include
Don't include
40
My work schedule is and I do not expect it to change.
Include
Don't include
41
My work schedule is and I expect it to change as follows:
Include
Don't include
42
My non-work, non-parenting commitments are and I do not expect this to change.
Include
Don't include
43
My non-work, non-parenting commitments are and I expect this to change as follows:
Include
Don't include
44
The schedule of the (claimant/respondent) is
Include
Don't include
45
I am concerned about the (claimant/respondent) ability to exercise their parental responsibilities because
Include
Don't include
46
On or about , the following event occurred:
Include
Don't include
47
Include
Don't include
48
Attached as Exhibit are copies of
Include
Don't include
Family violence, child protection, and criminal history
Show instructions
The Family Law Act requires that all parenting arrangements be made in the best interests of the child only.
Under the best interests of the child test, you must provide information about family violence or any other civil, criminal, or child protection proceeding that may impact the best interests of a child. See section 1 ("Definitions") of the Family Law Act for relevant information.
If you're applying for guardianship, you must disclose any child protection history, even if it involved different children. You must also provide information about any arrests or convictions that may be relevant to a child's safety.
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
Include clause 57 if there's other relevant and factual information you wish to record. Insert your own statement in the text box.
Include clause 58 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
49
I am not aware of any incidents of family violence, as the term is defined in section 1 of the Family Law Act, that affect the children.
Include
Don't include
50
I am aware of the following incidents of family violence, as the term is defined in section 1 of the Family Law Act, that affect the children:
Include
Don't include
51
I have not been and am not currently involved in any child protection proceedings under the Child, Family, and Community Services Act that may be relevant to the children's safety or concern children under my care.
Include
Don't include
52
I have been or am currently involved in the following child protection proceedings under the Child, Family, and Community Services Act that may be relevant to the children's safety or concern children under my care:
Include
Don't include
53
There are no criminal offences I have been convicted of and not pardoned for, and I am not currently charged with any criminal offences.
Include
Don't include
54
I have been convicted of, and not pardoned for, the following criminal offences:
Include
Don't include
55
I am currently charged with the following criminal offences:
Include
Don't include
56
I believe the (claimant/respondent) has been involved in the following court proceedings under the Child, Family, and Community Services Act or the Criminal Code that may be relevant to the children's safety or concern children under my care:
Include
Don't include
57
Include
Don't include
58
Attached as Exhibit are copies of
Include
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Proposed arrangements
Show instructions
If you have a proposal for parenting arrangements, you may describe it here.
Decide which clauses apply to your situation and fill in the text boxes as instructed. Click Don't include for the clauses that don't apply.
For clauses 62 – 65, choose the one that reflects your proposed parenting time schedule. Choose clause 65 to describe your own proposed parenting time schedule.
Include clause 67 if there's other relevant and factual information you wish to record. Insert your own statement in the text box.
Include clause 68 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
59
I propose that each parent remain a guardian and have all of the parental responsibilities.
Include
Don't include
60
I propose that each parent remain a guardian. to have all of the parental responsibilities, and to have the following specified parental responsibilities:
Include
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61
to be the sole guardian of the children with all of the parental responsibilities. to have reasonable and generous contact with the children.
Include
Don't include
I propose the following parenting time schedule:
62
The children to live for approximately equal time with each guardian.
Include
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63
The children to live primarily with . to have generous parenting time with the children.
Include
Don't include
64
Specified parenting time as follows:
Include
Don't include
65
Other:
Include
Don't include
66
I propose the following schedule for parenting time during holidays and special days:
Include
Don't include
67
Include
Don't include
68
Attached as Exhibit are copies of
Include
Don't include
Responding affidavit clauses
Show instructions
If the other party is applying for orders about any of the issues above, you may want to explain why you disagree with the request, or to tell your side of the story.
If you're responding to a specific claim, use the above sections as guidance. Go through the other party's affidavit and respond to the points they make, referring to specific paragraphs. For example, you can say "I disagree with statements in paragraph 4 of the claimant's affidavit. My recollection of the event is as follows…".
Include clause 69 if you're responding to an application of the other party for parenting orders. Specify the order they're requesting in the text box.
Include clause 70 to record a specific incident that reflects your side of the story. Include the date and specific, factual details.
Include clause 71 if there's other relevant information you wish to record. Insert your own statement in the text box.
Include clause 72 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.
69
I am responding to an application by the (claimant/respondent) for an order for
Include
Don't include
70
On or about , the following event occurred:
Include
Don't include
71
Include
Don't include
72
Attached as Exhibit are copies of
Include
Don't include
Other information
Show instructions
You may want to include additional statements or exhibits if there's more information you wish to share with the court regarding child support. You may include more than one of each clause, as needed:
Include clauses 73 – 76 if there's other relevant information you wish to record. Insert your own statement in the text box.
Include clauses 76 – 79 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
