How to Enforce a Parenting Order in Saskatchewan When Your Ex Won't Comply

It is stressful when an ex keeps your child from you during your parenting time, or ignores what was ordered about school, health or religion. You may feel you have to act immediately, but the steps you take and the records you keep early on can shape what comes next.

This article explains the terms used in Saskatchewan parenting orders, the practical steps to take, the court processes that can come into play, and how to document what is happening. Enforcement can turn on the exact wording of your order and your facts, so a lawyer should confirm the right route for you.

This article covers the law of Saskatchewan.

Start with what your order actually says

Saskatchewan has replaced the words custody and access with decision-making responsibility and parenting time, since March 1, 2021. If your order or agreement uses the older words, a lawyer can help you confirm how its terms apply today.

The two ideas are separate. Decision-making responsibility is 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.

Which law applies depends on your situation. The Children's Law Act, 2020 covers unmarried parents and married parents not seeking divorce, while the federal Divorce Act uses the same terms in divorce cases. Read your order closely and note which terms your ex is not following.

Keep clear evidence from the first missed exchange

A court will want to know what happened, when, and what you did about it. Good records help you and your lawyer describe the problem accurately and calmly.

• A copy of the current order or agreement, with the relevant paragraphs marked.
• A dated log of each missed or shortened parenting time, including where you were and who saw it.
• Texts, emails and messages asking for the time or raising the decision, and the replies, if any.
• Records of any decisions your ex made alone about health, school, religion or activities that your order covers.
• Notes of any offers you made to fix the problem, such as make-up time or a call to discuss it.
• Names of people who witnessed exchanges or refusals.

Keep your messages polite and factual. Avoid threats or sarcasm, because your messages may be read by a judge.

Steps that usually come before a court order

Many people start with a written request that points to the order and asks for compliance. After that, the law pushes parties toward resolving issues outside a courtroom where that is appropriate. Under the Divorce Act, parties are to try to resolve matters that may be the subject of an order through a family dispute resolution process, to the extent appropriate.

In Saskatchewan, family law matters coming to court 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. Whether and how this requirement applies to your enforcement problem depends on your case, so ask a lawyer.

• In Saskatoon and Regina, Court of King's Bench Family Practice Directive #7 requires a judicial case conference before certain chambers applications.
• The same directive lists compliance with the dispute resolution requirement among the pre-conditions to seeking an order.
• Parents who have not fully agreed on parenting must complete a parenting course, and the Parenting After Separation Program offers online courses, including one for high-conflict families.

When the court gets involved and when the order needs changing

Where 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. A court may also 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.

Sometimes the real issue is that the order no longer fits. To vary a parenting or contact order under the Divorce Act, the court must find a change in the circumstances of the child, and relocation of a child is deemed to be such a change. A former spouse's terminal illness or critical condition also counts, but a relocation that a court has prohibited does not by itself count as a change.

The specific tools a court can use to enforce a parenting order, and what consequences may follow, depend on the order and the facts. A lawyer can explain the options that fit your situation.

If safety is at risk, and what to do next

If there has been interpersonal violence and the situation is urgent, a designated justice of the peace can grant an emergency intervention order without notice, if satisfied that violence occurred and urgency means the matter should not wait for a judge. Such an order can give the victim exclusive occupation of the residence, bar contact including electronic contact, and bar attendance at places like work or school. A judge reviews it within three working days of receipt, or as soon as a judge is available, and either side can apply to vary or revoke it.

• Gather your order and your dated log of problems.
• Send a calm written request that refers to the specific terms.
• Ask a family lawyer which route fits your order and facts.
• Check whether dispute resolution is required or whether you qualify for an exemption.
• Call the police or seek urgent help if your child or you are in danger.

Frequently asked questions