Decision-Making Responsibility in Saskatchewan: What It Means

When parents separate, one of the first worries is often who gets to decide things for the children. Where will they go to school? Who agrees to a medical treatment? Can one parent enrol them in religious instruction? In Saskatchewan, the legal term for this is decision-making responsibility.

This article explains what the term covers, how it differs from parenting time, and what happens when parents cannot agree. It is general information, not advice on your own situation.

This article covers the law of Saskatchewan.

What decision-making responsibility means

Under the Divorce Act, decision-making responsibility is responsibility for making significant decisions about a child's well-being. It is about the big choices in a child's life, not the everyday ones like what is for dinner.

The Divorce Act says these significant decisions include the following areas:

• Health
• Education
• Culture and language
• Religion and spirituality
• Significant extra-curricular activities

Decision-making responsibility is a different question from parenting time, which is the time a child spends in the care of a person. How that works in your family depends on your agreement or on what a court orders.

How it differs from parenting time

Parenting time is the time a child spends in the care of a person, and it counts whether or not the child is physically with that person the whole time. It is a separate concept from decision-making responsibility.

This matters because the two do not have to match. A parent might spend a lot of time with a child and still share the major decisions with the other parent. Think about them as two separate questions: who decides, and who is caring for the child when.

Which law applies to you

Saskatchewan has used the terms decision-making responsibility and parenting time in place of custody and access since March 1, 2021. The Children's Law Act, 2020 sets these out for unmarried parents and for married parents who are not seeking a divorce. The federal Divorce Act uses the same terms in divorce cases.

How older orders that use the words custody and access are treated is something to confirm with a lawyer if you have one. It can depend on the wording of the order.

When parents cannot agree

If parents cannot agree on decision-making responsibility or parenting time, a Saskatchewan judge may order a parenting assessment by a qualified social worker who does not work for either parent. The report goes to the parents, their lawyers and the court.

Family matters coming to court in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. You can apply for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

Parents who have not fully agreed on parenting must also complete a parenting course. The Parenting After Separation Program has two online courses, one standard and one for high-conflict families, in English and French.

In some cases a court may order supervised parenting time, for example where a parent has a history of abusing drugs or alcohol or there is a risk of the child being abducted. Supervised visit centres operate only in Regina and Saskatoon.

Changing an order later

In a divorce case, the Divorce Act allows a court to vary, rescind or suspend a support order or a parenting or contact order. To vary a parenting or contact order, the court must find a change in the circumstances of the child. Relocation of a child is deemed to be such a change. A former spouse's terminal illness or critical condition also counts as a change in the child's circumstances.

There is an exception: a relocation that a court has prohibited does not by itself count as a change. If your order was made under The Children's Law Act, 2020 rather than the Divorce Act, how it can be changed depends on your situation, so it is worth confirming with a lawyer.

What to do next

• Write down the significant decisions your child faces now or soon, such as school, health care and activities.
• Think about which decisions you could realistically share and which might need to be divided.
• Keep your decision-making responsibility and parenting time questions separate when you talk with the other parent.
• Look into the Parenting After Separation Program courses.
• Speak with a lawyer before signing any agreement or filing in court.

Frequently asked questions