Form 13: Affidavit in Support of Claim for Custody and Access – A Step-by-Step Guide

Child custody disputes can be stressful, especially when emotions run high. Whether you're separating or divorcing, one thing remains clear: your child's well-being comes first. Courts rely on Form 13: Affidavit in Support of Claim for Custody and Access to understand your parenting plan and determine what’s best for your child.

But here’s the catch—this form isn’t just paperwork. It’s your chance to present a strong case. A poorly completed affidavit can weaken your custody claim, while a well-prepared one can significantly strengthen it. This guide breaks down everything you need to know about Form 13, ensuring you fill it out effectively and avoid common mistakes.

Key Takeaways

• Form 13 is a crucial document in Ontario child custody cases, providing the court with key details about your parenting plan.
• Every word matters—it’s a sworn statement, and the accuracy and detail of your responses can impact the outcome.
• Supporting evidence is essential, including school records, medical documents, and letters from teachers or professionals.
• Avoid vague statements and exaggerations—courts value clear, honest, and well-supported claims.
• Proper filing and legal guidance can make a difference in ensuring your affidavit holds up in court.

What Is Form 13 and Why Does It Matter?

Form 13 is the affidavit used in Ontario family courts to outline your request for custody and access. It serves as your formal statement, explaining why your proposed parenting arrangement is in the best interests of your child. Judges use this document to assess your suitability as a custodial parent or your ability to maintain meaningful access.

Without a well-prepared Form 13, you risk losing custody or having limited access to your child. That’s why it’s crucial to be thorough, truthful, and strategic when completing this form.

What to Include in Form 13

1. Your Personal Information‍

This section covers basic details, including your name, address, and relationship to the child. Ensure accuracy—errors can slow down the process or raise credibility concerns.

2. Your Custody and Access Request

‍Specify the custody arrangement you're seeking:

• Sole Custody: One parent makes all major decisions.
• Joint Custody: Both parents share decision-making responsibilities.
• Shared Custody: The child spends at least 40% of their time with each parent.

Outline the visitation schedule, holiday arrangements, and any special conditions that apply to your situation. The court wants to see a clear, well-thought-out plan.

3. Your Parenting Plan

A parenting plan details how your child’s daily life will be structured. Courts favor plans that prioritize stability and consistency. Include:

• Living arrangements: Where the child will reside.
• Education: How schooling will be managed.
• Extracurricular activities: How commitments will be handled.
• Health care: How medical decisions will be made.

Judges assess whether your plan is realistic and in the child’s best interests, so be as detailed as possible.

4. Parenting History and Relationship with the Child

Describe your role in your child’s life, including:

• How long you’ve been involved in their upbringing.
• Your daily responsibilities, such as meals, homework, and bedtime routines.
• Any past or present care-giving responsibilities.

If you’ve been actively involved, highlight those details. If there were periods of absence, explain them honestly and provide context.

5. Your Child’s Preferences

If your child is 12 or older, their opinion may be considered. While their wishes don’t determine the outcome, they do hold weight in court decisions. If applicable, summarize your child’s preferences and how they align with their best interests.

Why Supporting Evidence Matters

Family courts rely on evidence, not just statements. Provide documentation to support your claims, such as:

• School records showing your child’s academic performance and stability.
• Medical records proving consistent health care and doctor visits.
• Letters from teachers, coaches, or professionals who can vouch for your involvement in your child’s life.
• Photos or messages demonstrating your regular interaction and bond with your child.

The more concrete evidence you provide, the stronger your case.

Common Mistakes to Avoid

1. Being Too Vague

General statements like "I'm a great parent" won’t convince the court. Instead, use specific examples like "I take my child to soccer practice every Saturday, help with homework daily, and prepare their meals."

2. Exaggerating Your Role

Overstating your involvement can backfire. Courts cross-check information, and inconsistencies can harm your credibility.

3. Lacking Supporting Evidence

Saying you're the best parent isn’t enough - you need proof. If you claim your child is thriving under your care, back it up with school reports or testimonies.

Filing Form 13: What You Need to Know

Once your affidavit is complete, file it with the court handling your case. The court will then serve a copy to the other parent, and a hearing will be scheduled. In most cases, you’ll also need to submit additional documents, such as financial statements and parenting plans.

Consulting with a lawyer or mediator before filing can ensure that your affidavit is strong and aligns with legal standards.

Making the Best Case for Your Child’s Future

Form 13 isn’t just a legal requirement - it’s your voice in a custody case. A well-prepared affidavit can significantly impact your child’s future, so take the time to complete it with care. The stronger your case, the better your chances of securing a custody arrangement that truly benefits your child.

If you're unsure about any part of the process, professional guidance can make all the difference. Braystone Mediation is here to help, offering expert support to ensure your affidavit is thorough, clear, and compelling.

Need assistance? Contact Braystone Mediation today and take the next step in securing the best future for your child.