Custody & Access

When parents are no longer living together important decisions about how to continue to care for their children must be made. The basic questions that need to be decided are where the children will live, when they will spend time with each parent and how decisions about the children will be made. Parents who are no longer living together may reach an agreement on these matters or they can ask the court to decide.

There are laws that set out what the court will and will not consider when deciding custody and access. In Saskatchewan both The Children’s Law Act and the Divorce Act deal with custody and access. The Divorce Act only applies to married couples. However, while the laws may differ, the same principles apply to child-related issues regardless of whether the parents of a child are married or not. Understanding these principles can help parents reach their own agreement. Understanding these principles will also help parents who need to go to court decide what to ask for and how to best explain their reasons to the court.

For information about making an agreement or going to court for a court order see Resolving Disputes.

• Best Interests of the Child

  When parents of a child separate or divorce and start looking into how to organize their new lives, a phrase that will come up again and again is the best interests of the child. In fact, our laws say that court decisions about custody and access must to be based on what is in the best interests of the child.

• Custody

  Custody is a legal term used to describe the right and the responsibility to care for a child. It includes both the day-to-day care of a child and the right to make decisions about the child’s life. Unless an agreement is made or a court orders otherwise, parents of a child are generally considered joint legal custodians with equal rights, powers and duties.

• Access

  Access refers to the time a child spends with the parent they do not live with. It is intended to ensure that the child continues to have a relationship with that parent. Courts are guided by the belief that a child should have as much contact with both parents as is consistent with their best interests.

• Parenting Plans

  When parents are separating, determining parenting arrangements can be overwhelming. Information on parenting plans in general, as well as sample parenting plans can help parents identify the issues that need to be dealt with and can provide some examples of how to deal with these issues. A parenting plan can be made as part of an agreement or, if the case is going to court, can be used to outline the requested custody and access arrangement to the court.

• Changing Custody/Access

  Sometimes circumstances that affect a child change. If the parents have an agreement about custody and access they can make any changes they agree on. If there is a court order for custody and access only the court can make changes. The court will only change custody/access if the parent asking for the change can show there has been a change that means a different parenting arrangement is needed for the child and that the new arrangement they are asking for is in the child’s best interests.

• Enforcing Custody/Access

  Sometimes a parent who has custody or access may be prevented from having custody/access by the actions of the other parent. Our family laws provide some tools to assist parents who are experiencing these kind of difficulties.

• Parenting After Separation and Divorce

  Even when parents are no longer in a relationship they both continue to have rights and responsibilities regarding their children. Information about children’s reactions to separation and divorce, what children need at this time and the factors that help children do well in their new situation can help parents make plans that put the children first.

• FAQ

  Frequently asked questions and answers.