- Since July 1, 2022, family matters coming to court in Saskatchewan must attempt a family dispute resolution process by the close of pleadings.
- You can apply to the court for an exemption where there has been interpersonal violence, a child abduction by the other parent, or other urgency.
- The Divorce Act also expects parties to try to resolve matters through family dispute resolution where appropriate.
If you have been served with family court papers, you may wonder whether you have to sit down with the other parent before a judge gets involved. In Saskatchewan, the answer is generally yes, with some important exceptions. Knowing what the rule asks of you, and what it does not, can make the first weeks after separation feel less confusing.
This article explains the requirement, how it fits with the Divorce Act, and when you can ask to be excused.
This article covers the law of Saskatchewan.
The Saskatchewan requirement
Since July 1, 2022, family law matters coming to court anywhere in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings before continuing with further court proceedings.
Mediation is one kind of family dispute resolution. Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators, and s. 3-1 of The King's Bench Regulations sets the membership requirements for them.
The requirement applies anywhere in Saskatchewan, not only in the larger centres. Exactly when the close of pleadings falls in your case depends on how your matter is proceeding, so it is worth confirming with a lawyer. The rule asks you to attempt a process, not to settle on any particular terms. If you are unsure whether your matter is caught by the requirement, a lawyer can confirm.
What the Divorce Act adds
For divorce cases, the Divorce Act says that to the extent appropriate, parties shall try to resolve the matters that may be the subject of an order through a family dispute resolution process. A legal adviser must encourage clients to do so unless it is clearly inappropriate.
The Divorce Act also asks the court to be satisfied there is no possibility of reconciliation, unless that would clearly be inappropriate. Agreements you reach about separation, support, property or parenting are not collusion. The Act expects parties to try to resolve matters through family dispute resolution only to the extent appropriate, and lawyers must encourage it unless it is clearly inappropriate.
What you might be working out
Family dispute resolution is a way to work through the issues a court could otherwise decide. The table below sets out some of them and what the law says about each.
| Topic | What the law says |
|---|---|
| Decision-making responsibility | 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 | The time a child spends in the care of a person, whether or not the child is physically with that person the whole time. |
| Child support | Orders must be made in accordance with the applicable guidelines, including interim orders. |
| Spousal support | A court may order lump-sum or periodic support as it thinks reasonable, looking at each spouse's condition, means, needs and circumstances. |
| Property | Under The Family Property Act, family property is distributed equally unless the court finds that would be unfair and inequitable. For the family home the test for an unequal split is stricter: equal distribution applies unless it would be unfair and inequitable having regard only to an extraordinary circumstance, or unless the spouse with the children would otherwise be treated unfairly. |
In Saskatchewan, these terms replaced "custody" and "access" from March 1, 2021. The Children's Law Act, 2020 sets them out for unmarried parents and for married parents not seeking divorce, and the Divorce Act uses the same terms in divorce cases. If parents cannot agree, a judge may order a parenting assessment by a qualified social worker who does not work for either parent, and the report goes to the parents, their lawyers and the court.
When you can be excused
A person can apply to the court for an exemption from the requirement where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.
- Interpersonal violence.
- Abduction of a child by the other parent.
- Other urgency.
An exemption is something you apply for, so do not assume you are excused. A lawyer can help you decide how to raise it.
Safety concerns can also involve other tools. Under The Victims of Interpersonal Violence Act, a designated justice of the peace can grant an emergency intervention order without notice if satisfied interpersonal violence occurred and urgency means the matter should not wait for a judge.
How it affects chambers applications
In Saskatoon and Regina, the Court of King's Bench Family Practice Directive #7 requires a judicial case conference before certain chambers applications. It lists compliance with the s. 7-4 dispute resolution requirement among the pre-conditions to seeking an order.
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.
What to do next
- Read your court papers and note the dates for filing your response.
- Find out which dispute resolution options are available to you.
- If violence, abduction or urgency is a concern, ask a lawyer about applying for an exemption.
- Register for the parenting course if parenting is not fully agreed.
- If your divorce is uncontested, ask the Family Law Information Centre (306-787-5837 or 1-888-218-2822) about the Self-Help Divorce Kit.
- Collect financial and parenting information to bring to any session.
If you are the one starting a divorce, note that the Petition form states it is to be served within 6 months after it is issued unless ordered otherwise. How all of this applies depends on your situation, so it is worth confirming with a lawyer.
Frequently asked questions
Do I have to reach an agreement in mediation?
The requirement is to attempt a family dispute resolution process by the close of pleadings. Whether you reach an agreement is a separate question, and a lawyer can explain your options.
Can I skip it if there has been violence?
You can apply to the court for an exemption where there has been interpersonal violence. It is an application, so the court decides.
Does this apply outside Regina and Saskatoon?
The requirement applies anywhere in Saskatchewan. Practice Directive #7 specifically applies in Saskatoon and Regina.
Are agreements made in mediation a problem for my divorce?
Agreements about separation, support, property or parenting are not collusion. That means making them does not by itself stand in the way of a divorce.
Sources
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Divorce Act (Justice Laws) — Justice Laws (federal)
- Government of Saskatchewan – Parenting Time with Children — saskatchewan.ca
- Publications Saskatchewan – The Children's Law Act, 2020 — publications.saskatchewan.ca
- Government of Saskatchewan – Family Mediation — saskatchewan.ca
- Court of King's Bench – Family Practice Directive #7 — sasklawcourts.ca
- Court of King's Bench for Saskatchewan – Self-Help Divorce Kit — sasklawcourts.ca
- Publications Saskatchewan – Forms for Part 15 [Family Law Proceedings] — publications.saskatchewan.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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