Decision-Making Responsibility vs Parenting Time in Saskatchewan

If you are separating and hear terms like decision-making responsibility and parenting time, it can feel like the rules changed under your feet. Many people still think in terms of custody and access, and the new words do not line up neatly with the old ones.

This article explains what each term means, which law applies to your family, and what generally happens when parents cannot agree. It is general information, and a lawyer can tell you how it applies to your 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. The Act says this includes decisions about health, education, culture, language, religion and spirituality, and significant extra-curricular activities.

In plain words, it is about who gets to decide the big questions in a child's life, not who is looking after the child on a given day.

What parenting time means

Parenting time is the time a child spends in the care of a person, whether or not the child is physically with that person the whole time. So the definition looks at the time the child is in your care, not only the hours the child is physically beside you.

Parenting time is separate from decision-making responsibility. A parent can have a large share of one without the same share of the other, so it helps to think about them as two different questions.

Which law applies to your family

Since March 1, 2021, Saskatchewan has used decision-making responsibility in place of custody, and parenting time in place of access.

• The Children's Law Act, 2020 sets out decision-making responsibility and parenting time for unmarried parents and for married parents who are not seeking a divorce.
• In a divorce, the federal Divorce Act uses the same terms.

Which statute applies depends on whether you are married and whether a divorce is being sought. A lawyer can confirm which one fits your case.

When parents cannot agree

If you have not fully agreed on parenting, there are several steps that may come up.

• Parenting course: parents who have not fully agreed on parenting must 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.
• Family dispute resolution: 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 to the court for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.
• Parenting assessment: when parents cannot agree, a judge may order an assessment by a qualified social worker who does not work for either parent. The report goes to the parents, their lawyers and the court.
• Supervised parenting time: a court may order it, 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 a parenting order later

Under the Divorce Act, a court may vary, rescind or suspend a parenting or contact order. To vary one, the court must find a change in the circumstances of the child. Relocation of a child is deemed to be such a change.

There are exceptions. A former spouse's terminal illness or critical condition counts as a change in the child's circumstances, but a relocation that a court has prohibited does not by itself count as a change. How variation works for orders made under other laws is a question to raise with a lawyer.

What to do next

• Write down the decisions you expect to share or divide, such as health, school and religion.
• Sketch out a realistic parenting time schedule, including holidays.
• Find out which law applies: are you married, and is a divorce being sought?
• Register for the Parenting After Separation course if you have not agreed on everything.
• Consider mediation or another dispute resolution process before going to court.
• Gather any existing orders or agreements and speak with a lawyer about your options.

Frequently asked questions