A Custody Affidavit is a fundamental document in Canadian family law proceedings, used when parents or guardians are seeking to establish, modify, or enforce custody arrangements for children. This sworn statement provides the court with detailed information about the family situation, current arrangements, and proposed changes to custody or access rights. The document must comply with both federal and provincial legislation, including the Divorce Act and provincial family law statutes. It typically includes information about the child(ren)'s living conditions, education, healthcare, emotional well-being, and the parent's ability to provide care. The affidavit must be sworn before a Commissioner of Oaths and can be used in various proceedings including divorce cases, custody disputes, or emergency custody applications.
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1. Opening Statement and Identification: Formal opening identifying the affiant, their relationship to the case, and sworn statement declaration
2. Personal Information: Details about the affiant including full name, address, occupation, and relationship to the child(ren)
3. Child(ren)'s Information: Full names, dates of birth, and current living arrangements of all children involved
4. Current Custody Arrangement: Detailed description of existing custody and access arrangements, whether formal or informal
5. Parenting History: Description of historical care arrangements and each parent's involvement in the children's lives
6. Children's Needs and Circumstances: Information about children's education, health, activities, and special needs if any
7. Proposed Custody Arrangement: Detailed description of requested custody arrangement and reasoning
8. Best Interests of the Child: Explanation of how the proposed arrangement serves the children's best interests
9. Statement of Truth: Formal closing statement affirming the truth of the contents
10. Jurat: Commissioner of Oaths' official statement and signature block
1. Domestic Violence History: Include when there are concerns about family violence or abuse that impact custody arrangements
2. Relocation Details: Required when the affidavit involves a request to relocate with the child(ren)
3. Emergency Circumstances: Include when seeking emergency custody orders or changes to existing arrangements
4. Extended Family Relationships: Include when extended family plays a significant role in the children's lives or care
5. International Travel Arrangements: Include when there are concerns about international travel or passport issues
6. Special Expenses: Include when there are significant special expenses related to the children that affect custody arrangements
7. Communication Issues: Include when there are significant communication problems between parties that affect co-parenting
1. Schedule A - Current Parenting Schedule: Detailed calendar showing current time-sharing arrangement
2. Schedule B - Proposed Parenting Schedule: Detailed calendar showing proposed time-sharing arrangement
3. Schedule C - Children's Activities and Commitments: List of children's regular activities, school schedules, and other commitments
4. Appendix 1 - Supporting Documentation: Copies of relevant documents such as school records, medical reports, or previous court orders
5. Appendix 2 - Communication Records: Relevant communication records between parties regarding custody matters
6. Appendix 3 - Photographs: Relevant photographs if required to support statements in the affidavit
7. Appendix 4 - Third Party Statements: Supporting statements from relevant third parties (teachers, doctors, etc.) if applicable
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