How Unmarried Parents Get Parenting Rights in Saskatchewan

If you were never married to your child's other parent, you may wonder whether you have any standing to ask for time with your child or a say in major decisions. This also comes up for fathers who are not named on a birth registration.

The short answer is that Saskatchewan has a statute written for unmarried parents. How it applies to your situation, including questions about parentage, is worth confirming with a lawyer.

This article covers the law of Saskatchewan.

The law that applies to you

The Children's Law Act, 2020 (S.S. 2020, c. 2) is the Saskatchewan statute that sets out decision-making responsibility and parenting time for unmarried parents and for married parents not seeking divorce. Married parents who are divorcing use the federal Divorce Act, which uses the same terms.

Saskatchewan replaced custody with decision-making responsibility and access with parenting time since March 1, 2021.

If you have an older order or agreement that uses the words custody or access, how it is treated under the current terms is worth confirming with a lawyer. The change in words does not tell you, on its own, what your existing paperwork means.

If you are not on the birth registration

Being left off a birth registration does not necessarily end the conversation, but how parentage is established and what it means for your application depends on the facts. The details of that process are worth confirming with a lawyer before you file anything.

In the meantime, keep records that show your relationship with the child: messages, photos, school or medical involvement, and any payments you have made toward the child's needs.

Steps before and during court

• Try to agree. Family 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.
• Ask for an exemption if needed. A person 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.
• Complete a parenting course. Parents who have not fully agreed on parenting must do so, and the Parenting After Separation Program offers two online courses, one standard and one for high-conflict families, in English and French.
• Know where to file. For a new action, court guidance says an applicant may generally file at any judicial centre, and Family Law Division judges sit in Regina, Saskatoon and Prince Albert.

Part 15 of the King's Bench Rules governs family proceedings. In Saskatoon and Regina, Family Practice Directive #7 requires a judicial case conference before certain chambers applications and lists compliance with the dispute resolution requirement among the pre-conditions to seeking an order.

Section 7-4 of The King's Bench Act, 2023 deals with family mediation by recognized family mediators, and section 3-1 of The King's Bench Regulations sets the membership requirements for recognized family mediators. Court documents also have to reach the other parent. Service of court documents is governed by Part 12 of The King's Bench Rules, and service can be proved by an affidavit of service in KB Form 12-15 when no acknowledgment of service is available.

What a judge may use to decide

If 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.

Child support is a separate question. The presumptive amount is the table amount for the paying parent's province plus any special or extraordinary expenses. Where each parent has at least 40% of parenting time, the amount is instead set under s. 9 using the tables for each parent, plus the increased costs of shared care and each parent's circumstances. A court can also depart from the table amount where the payor's income is over $150,000, or for undue hardship.

What to do next

• Gather proof of your involvement with your child.
• Write down the schedule you are proposing and why it works for your child.
• Look into family dispute resolution and the parenting course now.
• Collect your income records in case child support comes up.
• Speak with a lawyer about parentage and which Act and court process fit your situation.

If there is violence or a risk of abduction, tell a lawyer early, because exemptions and urgent steps may be available.

If you or your child are in danger, a different route may exist. 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. Such an order can give the victim exclusive occupation of the residence regardless of ownership and bar contact, and a judge reviews it within three working days of receipt or as soon as a judge is available.

Frequently asked questions