Ontario Divorce with Children: What the Court Requires Before Granting Your Order

The Mandatory Hurdle Most Self-Filers Underestimate

Filing for divorce in Ontario when you have dependent children adds a layer of requirements that does not exist for childless couples. Under section 11(1)(b) of the federal Divorce Act, a judge has a non-discretionary statutory duty to verify that reasonable financial arrangements have been made for the support of any children of the marriage before signing a divorce order. This is not a suggestion — the judge is legally prohibited from granting the divorce until satisfied.

In practice, your divorce package must demonstrate that reasonable child support arrangements are in place. If you are also asking the court to make parenting orders, document those arrangements and address the children's best interests in the required forms.

Fail to provide this evidence and your file will be rejected — not by a difficult clerk, but by a judge exercising a statutory obligation.

Form 35.1: The Parenting Affidavit

When you ask the court to make an order about parenting time or decision-making responsibility in an Ontario divorce, you must file Form 35.1 (Affidavit in Support of Claim for Custody or Access) with the relevant application or package. This affidavit is sworn under oath and requires detailed information about:

The child's current living arrangements. Where the child lives, who they live with, and how long that arrangement has been in place.

The child's relationship with each parent. The court wants to know the practical reality of who provides day-to-day care — who gets the child ready for school, who attends medical appointments, who handles homework and extracurriculars.

Any history of family violence. Section 7.7 of the Divorce Act requires the court to consider family violence when making parenting orders. Your Form 35.1 must disclose any incidents of violence involving either parent or the child, including civil protection orders, criminal charges, and involvement of child protection services.

Previous court orders or agreements. If an interim custody or access order exists, or if the parents have a written separation agreement addressing parenting, it must be referenced and attached.

The proposed parenting plan. What specific schedule you are proposing, how decision-making responsibility will be allocated, and how the parents will communicate about the child's needs.

The level of detail required catches many self-represented filers off guard. A vague statement like "the children live primarily with me and see their father on weekends" is insufficient. The court expects specifics: which weekends, what time for pickup and drop-off, how holidays and school breaks are divided, and who holds decision-making responsibility for education, health care, and extracurricular activities.

Child Support: Proving Reasonable Arrangements

The child support component is where the judge focuses most of the scrutiny. You must demonstrate that the support amount either matches the Federal Child Support Guidelines table amount for the paying parent's income, or — if it deviates — that the deviation is justified with supporting income evidence and written reasons.

To satisfy the court, your divorce package needs:

1. Income evidence for the paying parent. At minimum, the most recent T1 tax return and notice of assessment. If the paying parent is self-employed, three years of returns may be needed.
2. The table amount calculation. Show which table you used (the Ontario-specific table), the paying parent's income, the number of children, and the resulting monthly amount.
3. Documentation of any deviation. If the agreed support differs from the table, provide the court with the income evidence and written reasons explaining why (the child spends roughly equal time with both parents, or the child has special needs that require a different allocation, or one parent has significantly higher section 7 expenses).

A common rejection trigger: the parents agree to a below-table child support amount because one parent "doesn't need the money" or they want to keep things simple. The court does not care about the parents' preferences here — child support is the child's right, and the judge must be satisfied that the child is receiving adequate support regardless of what the parents want to agree to.

The 2021 Divorce Act Changes: What's Different

The Divorce Act amendments that took effect March 1, 2021 introduced significant terminology and substantive changes that directly affect filings involving children:

"Best interests of the child" is now the only test. The previous law used different standards in different contexts. The 2021 amendments codified a single, comprehensive best-interests analysis that applies to all parenting orders.

"Custody" and "access" are replaced. The new terminology uses "decision-making responsibility" (who makes major decisions about education, health, religion, and extracurriculars) and "parenting time" (when each parent has the child in their care). The court forms have been updated, but many self-represented filers still use the old terminology, which can cause confusion.

Family violence must be considered. Section 7.7 creates a mandatory list of factors the court must consider when family violence is alleged, including the nature and seriousness of the violence, whether it was directed at the child or the other parent, and whether patterns of coercive and controlling behaviour exist.

Relocation provisions. New rules govern when a parent can move with a child, requiring advance written notice and establishing burdens of proof based on the existing parenting time allocation.

Putting It All Together in Your Filing

When filing for divorce in Ontario with children, your complete package needs the standard divorce documents (Form 8A, Form 36, Form 25A, marriage certificate, Continuing Record, and proof of service) plus evidence of reasonable child support arrangements. If you are asking for parenting orders, include Form 35.1, the parenting information, and the other required child-specific documents.

The sequence matters because these documents reference each other. Your Form 8A identifies whether you are claiming decision-making responsibility and parenting time. Your Form 35.1 provides the sworn evidence supporting that claim. Your Form 36 affirms that reasonable child support arrangements are in place. And your draft Form 25A includes the specific terms of the parenting and support orders you are asking the judge to make.

If this sounds like a lot to coordinate on your own, it is — but it is manageable with a systematic approach. The Ontario Divorce Filing Process Guide walks through the complete filing sequence, including the child-specific requirements at each stage, so nothing falls through the cracks.

Mistakes That Delay Divorces with Children

Filing Form 35.1 without specifics on the parenting schedule. Judges reject vague arrangements. Include days, times, holiday allocations, and the decision-making split.

Omitting the paying parent's income documentation. Even in a consent divorce, the judge needs to verify the child support calculation independently. Saying "we agreed on $800 per month" without attaching the income evidence and table lookup is a guaranteed return of your file.

Ignoring section 7 expenses. If the child has significant extracurricular, medical, or educational costs beyond what the table amount covers, the court expects these to be addressed in your support arrangement. Leaving them out creates an incomplete picture.

Forgetting the best-interests factors. Your Form 35.1 must address the statutory factors the court considers, not just the practical logistics. This includes the child's cultural, linguistic, and spiritual identity, any history of caregiving, and the child's own views if they are old enough to express them.

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