A parenting plan in Saskatchewan is a written agreement that sets out decision-making responsibility and parenting time for a child after separation, governed by The Children's Law Act, 2020 § 8 and the federal Divorce Act. Court fees to file a parenting order start at $200, and the law requires 60 days written notice before a parent relocates with a child.
Saskatchewan replaced the words "custody" and "access" with "decision-making responsibility" and "parenting time" on March 1, 2021, when The Children's Law Act, 2020 came into force. This guide explains how to build a parenting plan Saskatchewan courts will accept, what each parent's rights and obligations are, and how the best-interests-of-the-child standard shapes every parenting arrangement in the province.
Key Facts: Parenting Plans in Saskatchewan
| Factor | Saskatchewan Detail |
|---|---|
| Filing Fee (parenting order / divorce petition) | $200 uncontested / $300 contested (Court of King's Bench) |
| Governing Statute | The Children's Law Act, 2020, S.S. 2020, c. 2 |
| Federal Statute (divorcing parents) | Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) |
| Relocation Notice Period | 60 days written notice before a move |
| Objection Window | 30 days to file an objection to relocation |
| Governing Standard | Best interests of the child (§ 10) |
| Court | Court of King's Bench of Saskatchewan |
| Residency for Divorce | 1 year habitually resident (Divorce Act § 3) |
What Is a Parenting Plan in Saskatchewan?
A parenting plan in Saskatchewan is a written document that describes how separated parents will share parenting time and decision-making responsibility for their child under The Children's Law Act, 2020 § 8. It typically covers the residential schedule, holidays, healthcare, education, and communication. A well-drafted plan can be incorporated into a court order, making it legally enforceable.
Saskatchewan law deliberately moved away from ownership-based language. Since March 1, 2021, the province no longer uses "custody" or "access." Instead, a parenting plan allocates two distinct concepts: parenting time, meaning when each parent has the child in their care, and decision-making responsibility, meaning the authority to make major decisions about the child's welfare. This shift mirrored the 2021 Divorce Act amendments and was based on recommendations from the Law Reform Commission of Saskatchewan. Parents can create a parenting plan informally, with a mediator, or through lawyers, and the document becomes the backbone of any custody agreement or parenting order the Court of King's Bench issues. A clear, detailed plan reduces conflict and gives children the predictability they need.
Decision-Making Responsibility vs. Parenting Time
Decision-making responsibility and parenting time are two separate legal concepts under The Children's Law Act, 2020 § 8(1). Decision-making responsibility is the authority to make significant choices about education, healthcare, and religion. Parenting time is the schedule of when the child is in each parent's care. A parent can hold one without the other, and either can be shared or assigned solely.
Understanding the distinction is essential to building a workable co-parenting schedule. A parent may have substantial parenting time while the parents jointly hold decision-making responsibility, or one parent may exercise sole decision-making while the other still enjoys generous parenting time. Saskatchewan courts will not presume that one parent should be preferred over the other; under The Children's Law Act, 2020 § 10, the court makes no presumption and draws no inference that either parent deserves priority. The province's terminology framework also avoids the term "custodial parent" — instead, the law refers to the parent with primary parenting time. When parents share major decisions, the plan should specify how disagreements are resolved, such as through mediation, to avoid returning to court for every dispute.
What Goes Into a Saskatchewan Parenting Plan
A comprehensive Saskatchewan parenting plan should address the residential schedule, holiday rotation, decision-making protocols, and communication rules, all framed by the best-interests standard in The Children's Law Act, 2020 § 10. The Government of Saskatchewan and the Government of Canada both publish free parenting plan templates that parents can adapt to their family's circumstances.
The most effective parenting plans leave little room for ambiguity. Strong plans typically include the following elements:
- A weekly parenting time schedule (for example, week-on/week-off or a 2-2-3 rotation)
- Holiday and special-occasion arrangements, including birthdays and statutory holidays
- Summer and school-break schedules
- How and when exchanges happen, and where pick-up and drop-off occur
- Decision-making responsibility for education, healthcare, and religion
- Rules for communication between the child and the non-resident parent
- A dispute-resolution clause (mediation before litigation)
- Notice requirements for travel and relocation
- A review or variation provision as the child grows
A detailed parenting time schedule prevents the kind of week-to-week negotiation that fuels conflict. Parents who anticipate future changes — a child starting school, a parent changing jobs — and build flexibility into the plan tend to avoid costly variation applications later.
Common Parenting Time Schedules in Saskatchewan
Saskatchewan parents commonly choose between shared parenting (roughly equal time), primary-parent schedules, and customized arrangements, all measured against the best-interests test. Shared parenting generally means each parent has the child at least 40% of the time. In practice, shared parenting arrangements now make up an estimated 35-40% of parenting orders in Saskatchewan, reflecting legislative encouragement and growing recognition of both parents' involvement.
The right co-parenting schedule depends on the children's ages, the distance between homes, and each parent's work schedule. The table below compares the most common options.
| Schedule Type | Parenting Time Split | Best Suited For |
|---|---|---|
| Week-on/week-off | 50/50 | School-age children; parents living close together |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact with both parents |
| Every-other-weekend | ~70/30 | One parent with a demanding or inflexible work schedule |
| Weekday/weekend split | ~60/40 | Parents in different communities within commuting distance |
| Customized / nesting | Varies | High-conflict cases or transitional arrangements |
Saskatchewan courts recognize that children generally benefit from substantial time with both parents and will order shared parenting when circumstances support it. There is no automatic right to 50/50, however — the schedule must serve the child's best interests, factoring in stability, the child's relationship with each parent, and any history of family violence.
The Best Interests of the Child Standard
Every parenting decision in Saskatchewan is governed by the best interests of the child under The Children's Law Act, 2020 § 10. The court considers the child's physical, emotional, and psychological safety and well-being above all else. The 2020 reforms strengthened how family violence is weighed when courts decide parenting time, decision-making responsibility, and relocation.
The best-interests test is the single most important concept in Saskatchewan family law. Under The Children's Law Act, 2020 § 10, the court will not consider a person's past conduct unless that conduct is relevant to their ability to exercise decision-making responsibility or parenting time. The legislation also directs the court to make no presumption that one parent should be preferred over the other, eliminating any default advantage for mothers or fathers. Factors typically assessed include the child's needs given their age and stage of development, the nature and strength of the child's relationship with each parent, each parent's willingness to support the child's relationship with the other, and any history or risk of family violence. When parents present a jointly developed parenting plan that reflects these factors, the court is far more likely to approve it without a contested hearing.
Relocation and Moving With a Child
A parent who wants to relocate with a child in Saskatchewan must give 60 days written notice to every other person who has decision-making responsibility or parenting time, under the relocation provisions of The Children's Law Act, 2020 § 13 and the Divorce Act. The notice must include the new address, the moving date, and a proposed updated parenting plan. The other parent has 30 days to file an objection.
Relocation is one of the most litigated parenting issues in the province. The law distinguishes between a simple change in residence — a local move that does not significantly affect the other parent's relationship with the child — and a relocation that does. For a relocation, the moving parent must serve formal written notice at least 60 days before the move, setting out the new address, the moving date, updated contact information, and a proposal for how parenting time will be reorganized. If the other parent objects, they must file the prescribed objection form with the court within 30 days. If no objection is filed and no order or agreement prohibits the move, the relocating parent may proceed. When the court decides a contested relocation, it applies the additional factors in The Children's Law Act, 2020 § 15, including the reasons for the move, its impact on the child, the involvement of each parent, and whether proper notice was given.
How to File for a Parenting Order in Saskatchewan
The process to obtain a parenting order in Saskatchewan depends on marital status, but both routes run through the Court of King's Bench. Unmarried parents and married parents not seeking divorce file under The Children's Law Act, 2020 § 8 using a Petition for Parenting Order. Divorcing parents address parenting arrangements within their divorce under the Divorce Act. The filing fee is $200 for an uncontested petition and $300 for a contested petition.
Most parents are encouraged to resolve parenting arrangements out of court before filing. The typical pathway looks like this:
- Attempt to agree on a parenting plan directly or through a mediator
- Put the agreed plan in writing and have it reviewed by a lawyer
- If agreement is reached, file the plan with the court so it can be made into a parenting order
- If no agreement is possible, file the appropriate petition in the Court of King's Bench
- Serve the other parent and exchange any required financial or affidavit material
- Attend any required case management, mediation, or pre-trial conference
- Proceed to a hearing if the matter remains contested
For divorcing parents, the court has jurisdiction if either spouse has been habitually resident in Saskatchewan for at least one year under Divorce Act § 3. Low-income parents may apply to the court registrar for a fee waiver by demonstrating financial hardship. As of January 2026, verify all current filing fees with your local Court of King's Bench registry, as Saskatchewan periodically adjusts its fee schedule.
Enforcing and Changing a Parenting Plan
A parenting plan becomes legally enforceable once it is incorporated into a parenting order or filed as a binding agreement with the Court of King's Bench. To change an existing order, a parent must show a material change in circumstances and apply to the court to vary it under The Children's Law Act, 2020 § 8. Filing a variation application carries the same $200 court fee as the original petition.
A parenting plan that sits in a drawer offers little protection if one parent stops following it. Once a plan is part of a court order, the other parent can return to the Court of King's Bench to enforce it. Courts take repeated denial of parenting time seriously and may impose remedies such as make-up time or, in serious cases, changes to the parenting arrangement. To vary a plan, the applying parent must demonstrate that something significant has changed since the order was made — for example, a parent's relocation, a change in the child's needs, or a new work schedule. The court will reassess the arrangement against the best-interests standard in The Children's Law Act, 2020 § 10 rather than simply rubber-stamping the requested change. Parents who build a clear review provision into their original plan often avoid contested variation litigation.