Parenting Arrangements in Saskatchewan: 2026 Complete Guide to Decision-Making & Parenting Time

Saskatchewan courts determine parenting arrangements based exclusively on the best interests of the child, with primary consideration given to the child's physical, emotional, and psychological safety under Divorce Act, R.S.C. 1985, c. 3, s. 16(2). Parents must complete the mandatory Parenting After Separation (PAS) course and attempt family dispute resolution before contested matters proceed to court. Filing fees range from $200 for uncontested petitions to $300 for contested applications at the Court of King's Bench, with the entire process typically taking 4-8 months for uncontested matters and 12-24 months for contested disputes.

What Are Parenting Arrangements Under Saskatchewan Law?

Parenting arrangements in Saskatchewan encompass two distinct legal concepts: parenting time (when each parent has the child in their care) and decision-making responsibility (authority to make significant decisions about the child's welfare). Since March 1, 2021, Saskatchewan courts no longer use the terms "custody" and "access" following amendments to the federal Divorce Act, R.S.C. 1985, c. 3 and the provincial Children's Law Act, 2020, S.S. 2020, c. 2. The legislative shift reflects a child-centered approach that emphasizes both parents' ongoing involvement in their children's lives rather than framing one parent as a "winner" and one as a "visitor."

Decision-making responsibility covers four major categories of significant decisions: health (medical treatments, dental care, mental health services), education (school enrollment, special education needs, tutoring), culture, language, religion and spiritual upbringing, and significant extracurricular activities. Parents may share decision-making responsibility jointly, or one parent may hold sole decision-making responsibility for all or specific categories. Saskatchewan courts encourage shared decision-making when parents demonstrate the ability to communicate and cooperate, though sole decision-making may be appropriate where conflict is high or one parent has historically been uninvolved in major decisions.

Parenting time refers to the actual schedule determining when each parent has the child in their care. Shared parenting time exists when each parent has the child at least 40% of the time (approximately 146 days per year). This 40% threshold matters significantly for child support calculations under the Federal Child Support Guidelines, as shared parenting triggers a different calculation method than primary residence arrangements. Saskatchewan courts recognize that children benefit from maintaining meaningful relationships with both parents and will order parenting time arrangements that serve the child's best interests.

How Do Saskatchewan Courts Determine the Best Interests of the Child?

Saskatchewan courts must consider the best interests of the child as the only factor when making parenting orders, with the child's physical, emotional, and psychological safety given primary consideration under Divorce Act, s. 16(2). The court examines a comprehensive list of factors set out in Divorce Act, s. 16(3), including the child's needs, each parent's ability to meet those needs, the nature and strength of the child's relationships with each parent, and each parent's willingness to support the child's relationship with the other parent. Courts in Regina, Saskatoon, and Prince Albert apply these factors consistently, though each family's circumstances produce different outcomes.

The statutory best interests factors include:

• The child's needs, given the child's age and stage of development, including the need for stability
• The nature and strength of the child's relationship with each parent, siblings, grandparents, and other significant persons
• Each parent's willingness to support the development and maintenance of the child's relationship with the other parent
• The history of care for the child, including who has been the primary caregiver
• The child's views and preferences, giving due weight to the child's age and maturity
• The child's cultural, linguistic, religious, and spiritual upbringing and heritage
• Any plans for the child's care proposed by each parent
• The ability and willingness of each parent to communicate and cooperate on matters affecting the child
• Any family violence and its impact on the ability of the person who engaged in the family violence to care for the child, the appropriateness of making an order requiring cooperation, and the child's physical, emotional, and psychological safety
• Any civil or criminal proceeding, order, condition, or measure relevant to the child's safety, security, and well-being

Family violence receives heightened scrutiny under the 2021 amendments. Courts must consider the nature, seriousness, and frequency of the violence, whether there is a pattern of coercive and controlling behavior, and whether the violence was directed toward the child or whether the child was exposed to the violence. A history of family violence does not automatically preclude parenting time, but courts will impose conditions or supervision to protect the child's safety.

What Is the Mandatory Family Dispute Resolution Requirement?

Saskatchewan requires all family law matters involving parenting arrangements to attempt family dispute resolution (FDR) before contested proceedings may continue in court, a requirement that became province-wide on July 1, 2022. This mandatory step has reduced contested court applications by 20-25% in Saskatoon, Regina, and Prince Albert, with approximately 450 families resolving disputes without court adjudication annually. Parties must complete FDR by the close of pleadings, which typically means within 30-60 days of the responding party filing their answer to the application.

Acceptable family dispute resolution processes include:

• Family mediation (facilitated negotiation with a neutral mediator)
• Collaborative family law (each party has a lawyer committed to settlement without litigation)
• Family arbitration (binding decision by a private arbitrator)
• Parenting coordination (ongoing assistance with implementation of parenting arrangements)

The Dispute Resolution Office within Saskatchewan's Ministry of Justice offers subsidized mediation services on a sliding scale based on household income. Families earning less than $40,000 annually may qualify for free mediation, while those with higher incomes pay fees ranging from $75-$200 per session. Private mediators typically charge $150-$350 per hour, with comprehensive parenting mediation often requiring 4-8 hours total. Contact the Dispute Resolution Office at 1-866-257-0927 or DROfamily@gov.sk.ca for intake and fee information.

Courts may exempt parties from the FDR requirement in limited circumstances: where there has been interpersonal violence between the parties, where one parent has abducted or is likely to abduct the child from Saskatchewan, or where other urgency exists. Exemption applications require specific evidence, and courts grant them sparingly. Even when violence has occurred, courts may direct parties to shuttle mediation (where parties never meet face-to-face) or lawyer-assisted negotiation rather than waiving FDR entirely.

What Is the Parenting After Separation Program Requirement?

Saskatchewan requires all parents involved in family law proceedings concerning children to complete the Parenting After Separation (PAS) course before their matter proceeds, a requirement that applies to both applicants and respondents. The PAS course runs approximately 3 hours and covers the impact of separation on children, age-appropriate communication strategies, conflict reduction techniques, and an overview of family law processes. Completion certificates must be filed with the Court of King's Bench before contested applications advance to trial or settlement conference.

Exemptions from PAS apply in three circumstances: the parent has completed PAS or an equivalent program within the past 2 years and can provide a certificate of attendance; the court grants an exemption order based on specific circumstances; or all parties certify in writing that they have a comprehensive written agreement resolving all issues regarding parenting time, decision-making responsibility, and child support. Parents who completed PAS during a previous separation involving the same or different children may rely on that certificate if it is less than 2 years old.

The PAS course is offered through multiple providers across Saskatchewan, including Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) and various community organizations in Regina, Prince Albert, Moose Jaw, and other centres. Online versions became available during the COVID-19 pandemic and remain accessible for parents in rural areas or those with scheduling constraints. Course fees range from $0-$50 depending on the provider and the participant's financial circumstances.

How Do Saskatchewan Courts Approach Shared Parenting Time?

Saskatchewan courts recognize that children generally benefit from substantial time with both parents and will order shared parenting arrangements (at least 40% time with each parent) when circumstances support this outcome. The Divorce Act, s. 16(6) directs courts to give effect to the principle that a child should have as much time with each parent as is consistent with the best interests of the child. Shared parenting time arrangements now comprise approximately 35-40% of parenting orders in Saskatchewan, reflecting both legislative encouragement and changing social norms around father involvement.

Common shared parenting schedules in Saskatchewan include:

The Saskatchewan Court of Appeal in Boyd v Dreher, 2025 SKCA 11 emphasized that parenting arrangements should not be built solely around one parent's work schedule. Both parents share responsibility for arranging childcare during their parenting time, and irregular shift work does not entitle one parent to additional flexibility at the other parent's expense. Courts expect parents to demonstrate equal commitment to adjusting their schedules to maximize time with children.

What Are the Rules for Relocating with a Child in Saskatchewan?

A parent who intends to relocate with a child must provide at least 60 days written notice to any other person with parenting time, decision-making responsibility, or contact rights before the proposed relocation date under Divorce Act, s. 16.9(1). The notice must include the proposed new address and contact information, a proposal for how parenting time or contact could be exercised after the relocation, and the expected date of the move. Failure to provide proper notice can result in the court drawing an adverse inference about the relocating parent's intentions and ordering the child's return.

The objection process works as follows: the non-relocating parent has 30 days from receiving notice to file an objection. If no objection is filed within 30 days, the relocating parent may proceed with the move. If an objection is filed, the relocating parent must either abandon the relocation or bring a court application seeking authorization to relocate. Neither parent may relocate with the child while an application is pending unless the court grants interim authorization.

The burden of proof for relocation applications depends on the existing parenting arrangement:

• If the child spends substantially equal time with both parents (approximately 40%+ each), the parent proposing relocation bears the burden of proving the relocation is in the child's best interests
• If the child spends the vast majority of time with the parent proposing relocation, the parent opposing relocation bears the burden of proving the move is not in the child's best interests
• If neither situation applies, there is no presumption, and the court determines best interests without placing the burden on either party

Courts consider whether the relocating parent complied with notice requirements, the reasons for the proposed relocation, the impact on the child's relationship with the non-relocating parent, and the feasibility of preserving meaningful contact through revised parenting arrangements. Economic motivations (better employment, lower cost of living) are legitimate but must be weighed against the child's interest in maintaining relationships with both parents and extended family.

How Do Parents Obtain a Parenting Order in Saskatchewan?

Married parents seeking parenting arrangements as part of a divorce proceed under the Divorce Act, R.S.C. 1985, c. 3 in the Court of King's Bench, with filing fees of $200 for an uncontested petition or $300 for a contested petition. Unmarried parents and married parents not seeking divorce apply under The Children's Law Act, 2020, S.S. 2020, c. 2 using Form 10-1 (Petition for Parenting Order), also filed in the Court of King's Bench. Both routes require the child to be habitually resident in Saskatchewan at the time of the application or, if habitual residence cannot be determined, physically present in the province.

The typical process for obtaining a parenting order follows these steps:

1. Complete the Parenting After Separation (PAS) course and obtain certificate
2. Attempt family dispute resolution (mediation, collaborative law, or arbitration)
3. If FDR unsuccessful, file Petition and supporting affidavits with Court of King's Bench
4. Serve documents on the other parent; they have 20 days to file a Response
5. Both parties file financial disclosure (Form 10.1 Financial Statement) if child support is also at issue
6. Attend case conference or settlement conference with a judge
7. If settlement not reached, proceed to trial

The Family Law Information Centre (FLIC) provides free self-help kits containing all necessary forms and instructions for self-represented litigants. FLIC offices are located in Regina (2425 Victoria Avenue) and Saskatoon (520 Spadina Crescent East). PLEA Saskatchewan's Family Law website (familylaw.plea.org) offers a Form Wizard that generates completed forms based on user input, significantly simplifying the process for those without lawyers.

What Role Do Parenting Assessments Play in Saskatchewan?

When parents cannot agree on parenting arrangements and the court requires additional information about the child's needs and circumstances, a judge may order a parenting assessment under Divorce Act, s. 16.9 or The Children's Law Act, s. 10. A parenting assessment is conducted by a qualified social worker or psychologist who interviews both parents, the children (if age-appropriate), and collateral contacts such as teachers, doctors, or counsellors. Assessment costs range from $3,000-$8,000 depending on complexity, and courts typically order costs split between the parties or paid by one party if financial circumstances warrant.

The assessment report addresses the best interests factors, provides observations about each parent's relationship with the children, identifies any concerns about parenting capacity or family violence, and makes recommendations about parenting time and decision-making responsibility. Assessments carry significant weight with judges because the assessor has spent extensive time with the family and observed interactions that the court cannot see in a brief hearing. However, assessors' recommendations are not binding, and judges may reach different conclusions based on all the evidence.

Courts order assessments in approximately 5-10% of contested parenting cases, typically where there are significant disputes about a parent's capacity, allegations of family violence or substance abuse, concerns about alienating behavior, or complex situations involving children with special needs. The assessment process typically takes 3-6 months from the date of the order, extending overall timelines for contested matters.

How Can Parenting Orders Be Modified in Saskatchewan?

A parent seeking to change an existing parenting order must demonstrate a material change in circumstances that was not contemplated when the original order was made under Divorce Act, s. 17(5). Material changes include: the child's needs have changed significantly due to age, health, or other factors; a parent has relocated or proposes to relocate; a parent's work schedule has changed substantially affecting their availability; new concerns have arisen about a parent's care (substance abuse, mental health, new partner with concerning history); or the child has expressed strong preferences that were not present at the time of the original order.

The material change threshold prevents parents from relitigating the same issues simply because they are dissatisfied with the outcome. As the Saskatchewan Court of Appeal has noted, the change cannot be slight; it must be significant to the child's fundamental circumstances. Once a material change is established, the court then considers the best interests factors anew to determine what parenting arrangement now serves the child's best interests.

Variation applications follow the same process as original applications: attempt FDR, file a variation petition with supporting affidavit explaining the material change, serve the other parent, and proceed through case conference and potentially trial if settlement is not reached. Filing fees for variation applications are $50, significantly less than original applications. Courts can vary parenting time, decision-making responsibility, or both, and may also vary child support and other provisions in the same proceeding.

What Is the Role of Parenting Coordinators in Saskatchewan?

Parenting coordinators assist high-conflict families with ongoing implementation of parenting arrangements, providing a faster and less expensive alternative to returning to court for every disagreement. Under The Children's Law Act, s. 14, courts may appoint a parenting coordinator where parents have demonstrated difficulty implementing their parenting order and continued court involvement would harm the child. Parenting coordination agreements or orders expire automatically after 2 years unless extended by agreement of the parties or court order for an additional maximum of 2 years.

Parenting coordinators help families by building consensus on day-to-day parenting issues, creating guidelines for communication and implementation of the parenting order, identifying strategies to resolve conflicts, providing information and resources to assist with co-parenting, and making binding decisions on specific issues within their mandate. Coordinators do not have authority to change the fundamental terms of the parenting order (such as the schedule or decision-making allocation) but can make decisions about implementation issues like vacation scheduling, exchange locations, and communication protocols.

The cost of parenting coordination typically ranges from $200-$400 per hour, with most families spending $1,500-$5,000 annually on coordination services. Courts may allocate costs between parents based on their relative incomes or assign costs to the parent whose conduct necessitates more coordinator involvement. Some parenting coordinators offer sliding-scale fees for lower-income families.

Frequently Asked Questions About Parenting Arrangements in Saskatchewan

How much does it cost to get a parenting order in Saskatchewan?

Filing a parenting order application at the Court of King's Bench costs $200 for an uncontested petition or $300 for a contested petition, plus $50 for the Application for Judgment and $10 for the Certificate of Divorce if part of a divorce proceeding. Total court fees for an uncontested matter are approximately $260. Legal fees for contested parenting matters typically range from $5,000-$25,000 depending on complexity. As of January 2026, verify current fees with your local Court of King's Bench registry.

How long does it take to get a parenting order in Saskatchewan?

Uncontested parenting matters where both parties agree typically take 4-8 months from filing to final order, including time for mandatory family dispute resolution. Contested matters requiring trial take 12-24 months on average, with complex cases involving parenting assessments potentially extending to 24-36 months. The mandatory FDR requirement adds 30-90 days to contested timelines but often results in settlement without trial.

Can grandparents get parenting time in Saskatchewan?

Grandparents may apply for contact orders (not parenting time) under Divorce Act, s. 16.5 if they can demonstrate that contact is in the child's best interests. Courts consider the nature of the grandparent-child relationship, any history of involvement in the child's life, and the reasons the parents oppose contact. Grandparent contact applications are more likely to succeed where there is an established relationship and no safety concerns.

What happens if a parent violates a parenting order in Saskatchewan?

A parent who breaches a parenting order may face a contempt of court application, resulting in fines, costs awards, or in extreme cases, imprisonment. Courts may also vary the parenting order to reduce the violating parent's parenting time or decision-making responsibility. Police generally will not enforce parenting orders directly but may assist where there is an immediate safety concern or an apprehension order.

Do children get to choose which parent they live with in Saskatchewan?

Saskatchewan courts consider children's views and preferences as one of the best interests factors under Divorce Act, s. 16(3)(e), giving due weight to the child's age and maturity. There is no specific age at which a child's preference becomes determinative, but courts typically give significant weight to the views of children aged 12 and older. Children do not testify in court; their views are typically gathered through a parenting assessment, a Voice of the Child report, or in some cases, a judicial interview.

What is the difference between sole and joint decision-making responsibility?

Joint decision-making responsibility means both parents must consult and agree on major decisions about health, education, religion, and significant extracurricular activities; neither parent can make these decisions unilaterally. Sole decision-making responsibility gives one parent final authority over some or all major decisions, though that parent may still be required to inform the other parent before making decisions. Courts prefer joint decision-making when parents can communicate effectively but will order sole decision-making where high conflict prevents cooperation.

Can a parenting order include conditions about a parent's behavior?

Yes, Saskatchewan courts may include conditions in parenting orders such as: requiring supervised parenting time; prohibiting consumption of alcohol or drugs during parenting time; requiring drug or alcohol testing; prohibiting overnight guests during parenting time; requiring participation in counselling or parenting programs; or restricting discussion of litigation with the children. Conditions must be specific, enforceable, and directly related to the child's best interests.

What if my co-parent wants to move out of Saskatchewan with our child?

Under Divorce Act, s. 16.9, the relocating parent must provide 60 days written notice before the proposed move. You have 30 days to file an objection. If you object, the other parent cannot relocate until the court decides the matter. Courts consider the reasons for relocation, the impact on your relationship with the child, and whether meaningful contact can be maintained post-relocation. The burden of proof depends on the current parenting arrangement.

How does shared parenting time affect child support in Saskatchewan?

When each parent has the child at least 40% of the time (shared parenting), child support is calculated using a set-off approach under Federal Child Support Guidelines, s. 9. Each parent's table amount is calculated based on their income, and the parent with higher income pays the difference. Courts also consider increased costs of shared parenting and may adjust support amounts accordingly. Special or extraordinary expenses are typically shared in proportion to incomes.

Where can I get help with parenting arrangements if I cannot afford a lawyer?

Saskatchewan offers several free or low-cost resources: the Family Law Information Centre (FLIC) provides self-help kits and procedural assistance; PLEA Saskatchewan's Family Law website includes a form wizard and plain-language guides; the Dispute Resolution Office offers subsidized mediation on a sliding scale; Pro Bono Law Saskatchewan provides limited free legal advice clinics; and Legal Aid Saskatchewan assists those meeting income eligibility requirements. Community Legal Assistance Services for Saskatoon Inner City (CLASSIC) also assists low-income individuals in the Saskatoon area.