A child custody statement is a document in which a parent or guardian declares, under oath, facts related to the custody, habitual residence, or parental responsibility for a child. This type of declaration may be requested in administrative, school, or healthcare settings when it is necessary to confirm the child’s circumstances. In some cases, a Child Attendance Report RAMQ can also be used to support a process related to the child's residence in Quebec.
What Is a sworn declaration for Childcare?
A sworn declaration regarding child custody is a written document in which the declarant affirms, under oath, specific facts concerning the custody, residence, usual address, or parental responsibility for a child. The declarant may be a parent, a guardian, or a person with responsibility for the child.
The declaration must contain verifiable facts, and the declarant assumes responsibility by signing under oath. This type of declaration is distinct from a custody order or a court-approved parenting agreement. It allows for the declaration of a factual situation in an administrative context, without replacing a court decision.
The content of the declaration must be prepared by declarant based on the actual situation and the information requested by the agency or institution requiring the document.
Common situations requiring a custody statement
There are several administrative, educational, or health-related situations that may require a sworn declaration regarding a child’s custody. Examples include school enrollment, applying for benefits, dealing with government agencies, or requesting official documents for the child.
Some institutions may request a declaration when the parent needs to prove custody or residence of the child without a judgment or approved agreement.
Procedures related to a child’s usual residence or address may also require a sworn declaration, particularly when a parent needs to prove that the child resides at a specific address for administrative or school-related reasons.
Information and documents to prepare
The declarant must prepare several items before signing the declaration. The declarant’s full identification information must be provided, including last name, first name, date of birth, and address. The child’s full identity must also be provided, including last name, first name, and date of birth.
The child's usual residential address must be specified, as well as relevant dates such as the start of custody or the period in question. A clear description of the declared situation is essential: sole custody, shared custody, primary residence, or parental responsibility.
The declarant may attach supporting documents as needed, such as the child’s birth certificate, proof of address, or school or medical records.
Table of information to include in the declaration
| Element | Description |
|---|---|
| Identity of the declarant | Last name, first name, date of birth, full address |
| Child's identity | Last name, first name, date of birth |
| Residential address | Child's usual address |
| Relevant dates | Start of the shift, target period |
| Reported situation | Sole custody, shared custody, primary residence |
| Supporting documents | Birth certificate, proof of address, school documents |
Practical points to know
The sworn declaration is not a custody order and does not replace a court decision. The declarant must state accurate and verifiable facts. The signature must be provided in the presence of a notary public for the declaration to be valid.
The declarant must present a valid form of identification at the time of signing. The declaration may be used for administrative purposes, but certain legal situations may require a court judgment or a court-approved agreement.
In some contexts, a daycare absence declaration can also be requested to explain a child's absence from a childcare service.
Official sources and useful references
The Ontario Commissioners of Taxation Act serves as the legal framework governing the commissioner’s role and the validity of oath declarations in Canada. This law defines the commissioner’s powers and the formal requirements for solemn declarations.
Readers can use this source to better understand the legal framework governing child care and the obligations associated with signing a child care agreement. This reference supports the information presented in this article and helps place the child care agreement within the Canadian legislative context.
Frequently asked questions about child custody declarations
What information must be included in a child custody statement
The declaration must include the full identification of the declarant, the full identification of the child, the child’s usual residence address, the relevant dates, and a clear description of the situation being declared, such as sole custody, joint custody, or primary residence. The content must be prepared by the declarant based on the actual situation and the agency’s request.
Does a sworn declaration replace a custody order?
No, a sworn declaration is not a custody ruling and does not replace a court order or a court-approved parenting agreement. The declaration allows for the reporting of facts in an administrative context, but certain legal situations may require a court order or a court-approved agreement to establish the child’s legal custody.
Can I attach supporting documents to my declaration
Yes, the declarant may attach supporting documents as needed, such as the child’s birth certificate, proof of address, or school or medical records. These documents can help ensure the consistency of the declaration in certain administrative procedures and support the facts stated.
How to File an ASserment Child Care Declaration
The declarant must prepare the contents of the declaration and then sign the document in the presence of a notary public (asserment). The declarant must present a valid form of identification at the time of signing to confirm their identity.
What is the difference between a declaration of custody and parental authorization
The custody declaration relates to the child's residence, responsibility, or habitual custody, whereas a parental authorization for a minor to travel allows a parent to authorize a third party to travel with the child or to make certain decisions. Both documents serve distinct needs and are used in different contexts.
Prepare your childcare declaration
Form sworn declaration, which pertains to child custody, allows you to report information related to custody, residence, or parental responsibility in administrative, school, or health-care contexts. Form declarant should be used to prepare the content of the declaration based on the actual situation and the information requested by the agency.
To proceed with a child custody declaration, simply gather the required information and schedule an appointment to sign the document before the commissioner. To schedule an appointment and have your document signed, visit the online appointment page.