Settlement or Pre-Trial Conferences in Saskatchewan Family Court

If you have a family court case in Saskatchewan, you may be told to attend a conference before anything is decided. The names vary: pre-trial conference, settlement conference, judicial case conference. People often worry about what is expected and whether they will lose control of the outcome.

This article explains where these conferences fit, what the rules say about them, and how to prepare. It does not cover every local practice, so the notice you receive from the court and advice from a lawyer should guide you on your own file.

This article covers the law of Saskatchewan.

What a conference is meant to do

In general terms, a conference is a meeting with a judge, usually less formal than a hearing or trial. The aim is to narrow the issues, look at the options and, where possible, help the parties reach an agreement without a full trial. It is not the same as the trial itself, where evidence is presented and a decision is made.

The Divorce Act supports this approach. To the extent appropriate, parties are to try to resolve the matters that may be the subject of an order through a family dispute resolution process.

The judicial case conference in Regina and Saskatoon

The Court of King's Bench Family Practice Directive #7 applies in Saskatoon and Regina. It requires a judicial case conference before certain chambers applications. It also lists compliance with the s. 7-4 dispute resolution requirement among the pre-conditions to seeking an order.

That means that in those centres you may not be able to simply file an application and be heard. Which applications need a conference first depends on the type of application, so read the Directive or ask a lawyer or the court. Practice outside Regina and Saskatoon may differ, and it is worth confirming locally.

Dispute resolution comes first

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. Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators.

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. If safety is a concern, raise it early rather than attending a joint process.

How to prepare

• Read the notice or court direction carefully so you know the date, the judge's expectations and any documents due beforehand.
• Write down the issues in dispute: parenting, child support, spousal support, property, or the divorce itself.
• For parenting issues, be ready to discuss decision-making responsibility (significant decisions about health, education, culture, language, religion and activities) separately from parenting time.
• Gather income records. Child support income starts from the Total income line on the T1 General tax form, adjusted under the Guidelines.
• Complete the parenting course if you and the other parent have not fully agreed on parenting.
• Decide in advance what you could accept, and what matters most to you and your children.
• Bring a lawyer if you have one, or ask whether the Family Law Information Centre can point you to resources.

Being organized and realistic helps. Settlement discussions are often more productive when each side understands the likely range for support and the options for parenting arrangements.

Can the judge make decisions at the conference?

This depends on the kind of conference and the court's direction in your case. A conference is mainly a chance to discuss and narrow issues. How any agreement reached there is recorded or turned into an order depends on your situation, so it is worth confirming with a lawyer or the court office. Whether a judge can decide an issue on the spot, or whether the same judge will later hear your matter, is also something to confirm.

If you cannot agree, a judge may still be able to order helpful steps. For example, a Saskatchewan judge may order a parenting assessment by a qualified social worker who does not work for either parent when parents cannot agree on decision-making responsibility or parenting time.

What to do next

• Check which court centre your file is in and whether Practice Directive #7 applies.
• Confirm that the dispute resolution requirement has been met, or whether you should seek an exemption.
• Collect your financial and parenting documents well before the date.
• Speak with a lawyer about what to expect and what you can agree to, especially if safety or urgency is an issue.

Frequently asked questions