How Family Violence Affects Parenting Time in Saskatchewan

If you have experienced violence from a partner or former partner, decisions about your children can feel frightening and confusing. You may be worried about safety at handovers, about shared decisions with someone who harmed you, or about whether a court will take your experience seriously.

This article explains the terms Saskatchewan uses, the tools that exist when safety is a concern, how the dispute resolution rules treat violence, and what you can do to prepare. How a judge weighs your particular facts depends on your case, so a lawyer can confirm how the law applies to you.

This article covers the law of Saskatchewan.

The words Saskatchewan courts use now

Saskatchewan has replaced the word custody with decision-making responsibility, and access with parenting time, 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, and the federal Divorce Act uses the same terms in divorce cases.

Decision-making responsibility means responsibility for significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities. 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. These are separate questions, so an order can deal with each differently.

Tools a court can use when safety is a concern

Family violence is a serious matter in any parenting dispute, and the details of what happened, when, and how it affects your child matter. The law gives the court several practical tools, and which one fits depends on the facts.

• 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.
• Parenting assessment: when parents cannot agree on decision-making responsibility or parenting time, a Saskatchewan 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.
• Changing an order later in a divorce case: 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, and relocation of a child is deemed to be such a change.

Under the Divorce Act, a relocation that a court has prohibited does not by itself count as a change in the child's circumstances. How changing an order works for parents who were never married depends on your situation, so it is worth confirming with a lawyer.

Immediate protection: emergency intervention orders

If you need protection right away, The Victims of Interpersonal Violence Act allows a designated justice of the peace to grant an emergency intervention order without notice to the other person. The justice must be satisfied that interpersonal violence occurred and that urgency means the matter should not wait for a judge.

You can apply in person, or someone can apply for you with leave. Designated persons such as peace officers and victim services staff may apply by telecommunication, and the order takes effect immediately.

An order can give you exclusive occupation of the residence regardless of who owns it, direct a peace officer to remove the respondent, and bar contact, including electronic contact, or attendance at places like work or school. The justice sends the order to the court, and a judge reviews it within three working days of receipt, or as soon as a judge is available. You or the respondent can apply to vary or revoke it.

Dispute resolution, courses and violence

Since July 1, 2022, family law matters coming to court in Saskatchewan must attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings. That can be worrying if you fear the other parent.

The rules recognize this. You can apply to the court for an exemption where there has been interpersonal violence, where the other parent has abducted a child, or where there is other urgency. In Saskatoon and Regina, Family Practice Directive #7 lists compliance with the dispute resolution requirement among the pre-conditions to seeking an order, so ask about an exemption early.

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.

Evidence and next steps

How this applies depends on your situation, so what evidence will help most in your case is worth confirming with a lawyer. In general, clear, dated and factual records are easier for a court to use than general descriptions. A lawyer can tell you what is likely to matter in your situation.

• Write down incidents with dates, places and who was present, while your memory is fresh.
• Keep texts, emails, voicemails and social media messages, and back them up somewhere safe.
• Save photos of injuries or damage, and medical, counselling or police records if you have them.
• Note the names of people who saw or heard what happened, such as family, neighbours or teachers.
• Record how handovers and communication have gone, including any missed or unsafe exchanges.
• Keep copies of any existing orders or agreements about the children.
• If you are in danger now, contact police, and ask about an emergency intervention order.

Then speak with a lawyer about whether to ask for supervised parenting time, an assessment, or an exemption from dispute resolution, and about how your case should be framed under The Children's Law Act, 2020 or the Divorce Act.

Frequently asked questions