Form 5: Guardianship Affidavit
Supply sworn background information when seeking appointment as a child’s guardian.
Use Form 5 when applying to be appointed a guardian under section 51 of the Family Law Act, including a consent guardianship application. The affidavit must be accompanied by the required child-protection, protection-order and criminal-record checks, unless a lawful exception or court direction applies.
Two documents called “Form 5”
This page covers the Provincial Court Family Rules Form 5 — Guardianship Affidavit (PFA 733). It is different from the Family Law Act Regulation, Appendix A Form 5 — Consent for Child Protection Record Check. Under Rule 25(2), an applicant for appointment as a guardian files that consent form and the request for a Protection Order Registry search with the initial Form 3 application, and certifies that a criminal record check has been initiated. The results are then attached as exhibits to the separate Guardianship Affidavit, filed and served under Rule 26. Do not substitute one Form 5 for the other.
Three background checks
- Child protection record check: obtain the current Ministry of Children and Family Development record-check result.
- Protection order registry check: request the search through the court registry’s procedure.
- Criminal record check: complete the required process and obtain the current result. The three reports become affidavit exhibits.
How to complete Form 5
- Identify yourself, the child and the existing or proposed guardianship application.
- Answer background-history and safety questions carefully, including disclosures the official form specifically asks for. A charge and a conviction are not interchangeable.
- Check that the three record checks are complete and their dates are current. Attach them as exhibits with the affidavit.
- Review the completed affidavit for accuracy. Do not sign it in advance if you can have it properly sworn or affirmed. Arrange a commissioner and bring identification and exhibits.
- File it in the correct court file and serve all parties within the period that applies to the hearing or trial-preparation conference.
Three timing rules that are easy to miss
- Affidavit age: Form 5 must generally be sworn no more than 7 days before filing.
- Record-check age: each attached check must be dated within 60 days before it is filed.
- Delivery: the affidavit and checks must be filed and served at least 7 days before the hearing if there is no trial-preparation conference, or at least 7 days before that conference if one is scheduled.
Worked example
A hearing is scheduled for December 18. Do not plan to swear Form 5 months earlier and assume it will still satisfy Rule 26. Work backward from the hearing, allow time to obtain all three checks, and make sure both the swearing date and each check’s date meet their separate age limits. Ask the registry about your precise court dates and any order changing the process.
Interim guardianship exception
Rule 51 permits an interim guardianship order at a Family Management Conference before the Guardianship Affidavit is filed if the judicial officer is satisfied that this is in the child’s best interests. Unless renewed, that interim order may last no more than 90 days; if no term is specified, it expires after 90 days. That is not a general exemption from the affidavit and record checks for the final guardianship process.
Common mistake
Using only the criminal record check or swearing the affidavit too far in advance. The checks and service timing are independent requirements.