How To Fill Out Form 35.1 The Right Way

So, you've just completed your Form 8. That’s a big step, and I want to take a moment to acknowledge how much effort that can take. Now, if your case involves children, the next form you’ll need to tackle is Form 35.1: Affidavit in Support of Claim for Custody or Access. And I won’t sugarcoat it: this is one of the most emotional documents you’ll complete.

Form 35.1 is where you tell the court why your proposed plan for the children is in their best interests. It’s not just paperwork; it’s your voice, your heart, and your commitment to your children’s future. That’s why it's so important to know how to write a Form 35.1 the right way.

Let It All Out First (Yes, Really)

The very first thing you should do, for your own mental clarity and emotional well-being, is to create a raw, unfiltered first draft. Don’t worry about formatting or even relevance at this stage.

Go through each question and just let it all out. Write the longest ramble you need to. Say the things you've been holding in about your frustrations, your fears, your hopes. Even if 80% of it won’t make it into the final version, getting it onto paper can be a form of release and perspective.

Once everything is out of your head and in front of you, take a breath. Read it back. Highlight what stands out. You might find a few golden pieces of insight or evidence hidden among the emotions; these are the parts that will serve your case.

Now Comes the Second Draft: Think Like a Judge

This is where you shift from emotional catharsis to strategic clarity.

If your first draft didn’t include specific evidence like school records, messages, and parenting schedules, now’s the time to pull that together. But remember: family law isn’t won by evidence alone. The guiding question is always: What is in the best interests of the children?

This means going beyond why you want parenting time, and instead articulating why your plan serves the children’s emotional, educational, physical, and social needs.

Lay out your parenting plan in a detailed yet concise way. If you're proposing primary decision-making or more time with the children, explain how that plan supports their stability and growth, not just how it meets your needs.

And while you can touch on why your former partner’s plan may not be ideal, the main focus should remain on why your plan works best for the kids.

The Power of a Second Pair of Eyes (Or a Little AI Help)

Once your second draft is complete and you've answered all required questions on the form, you might feel ready to file it. But one more optional (but very wise) step is to have it reviewed by a professional, or even by AI.

Why? Because clarity and conciseness are hard, especially when you’re emotionally invested. Judges in family court read dozens of emotionally-charged forms every week. They appreciate submissions that are clear, focused, and grounded in the principles of family law.

If you can communicate your parenting plan in a way that respects the court’s time while still showing depth, you’re already ahead.

Picture yourself in the judge’s seat: Would your affidavit make sense to someone who doesn’t know you or your children? Does it show you understand what family law actually values? If the answer is yes, you're on the right track.

The Standard of Proof: You Don’t Need to Be Perfect

Now, you might be thinking, “This is going to be really hard for me as the applicant to prove I’m in the right.” But here’s a little relief: family law doesn’t follow the same standard of proof as criminal law.

In criminal cases, the burden is beyond a reasonable doubt. But in family law, the standard is on a balance of probabilities. This means the judge is looking at who has the slightly stronger, more reasonable plan.

You don’t need a perfect case. You just need a plan that makes more sense, that shows you’re thoughtful, consistent, and child-focused. That little edge could be all you need to tip the scale.

You Don’t Have to Fill Out Form 35.1 Alone

Form 35.1 is emotional. It asks you to dig deep, but then expects you to present your thoughts concisely and professionally. That’s no small task. If you’re struggling or second-guessing yourself, getting a second set of eyes, especially from someone experienced in family law, can make all the difference. At Alliston Resolutions, we understand the emotional weight and legal nuance of this form. If you need support, consider booking a meeting with our law clerk today.

Next Steps:

Need help preparing your Form 35.1? Contact Alliston Resolutions to book a consultation with our experienced law clerk. You don’t have to go through this alone.