Courts can make orders that deal with issues such as custody and access, child and spousal support and family property. Courts can also make changes to orders that have been made and help parties if a court order is not being followed by the other party. The Form Wizard on this site can help you get a court order from the Court of Queen’s Bench but it is not a substitute for legal advice. If you are going to court it is strongly recommended that you seek advice from a lawyer. A lawyer can help you decide what orders to ask for or how to respond to a court case started by the other party. They can also present your case to the court. See Getting Legal Help for information about finding a lawyer, including possible options if you cannot afford a lawyer.
If you are going to Queen’s Bench court you will also need to look at the Rules of Court, as well as the relevant family law legislation and case law. Our Resources section has information on where to find legislation and case law.
When you create court forms using the Form Wizard you will have to specify which Queen’s Bench Court will hear your case. This will usually be the court closest to where you live, but if a case has already been started it will generally be heard by the court where the case was started.
You can find the court nearest to where you live by looking at this list. You can also find out when different Courts of Queen’s Bench have Chambers. You will need to know this if you are starting an Application that will be heard in Chambers because you need to choose a date and time when your case will be heard.
Depending on things like where the parties and any children are living, some cases cannot be decided by a court in Saskatchewan. It is important to know if your case can be heard in Saskatchewan before starting to use the Form Wizard.
In Saskatchewan there are two different courts that can hear family law cases: Provincial Court and the Court of Queen’s Bench. The Court of Queen’s Bench can hear any family law case while the Provincial Court can only hear certain types of cases. In some situations you can choose to use Provincial Court for your case. However, you can only use the Form Wizard on this site if you are taking your case to the Court of Queen’s Bench.
Court cases can be decided on the basis of evidence that is submitted in a written form and/or by having witnesses testify in court.
If you or the other party makes an Application, such as an Application for Variation or a Notice of Application asking for interim orders or enforcement of a custody/access order, you will need to appear in Chambers. Some general information about going to Chambers can help you prepare.
If your case is going to court to be decided by a trial there will be a pre-trial conference. Understanding the purpose of these conferences and what is expected of the parties can help you prepare.
If a family court case is started and the parties are not able to reach any agreement about some or all of the issues there will be a trial so the judge can decide how to settle the issues. Some basic information about trials can help parties prepare for trial.
Courts can award costs at different stages of a court proceeding. The party that was successful in making their case to the court will usually be awarded costs, although there are other factors the court can consider.