Parenting Time

Parenting time refers to the time that a child is in a person’s care. It can include time that the child is not physically with the person. For example, if a party with parenting time hired a babysitter during their time with the child, it is still their parenting time.

Unless the court orders otherwise, a parent with parenting time has the same right as the child’s decision-maker to make inquiries and be given information about the child’s well-being, including their:

• health
• education
• religion
• extra-curricular activities

Under the Divorce Act, this right to information extends to anyone who is granted parenting time. They can request this information from anyone who is likely to have it. This could be, for example, another parent, a school or a doctor’s office. A person's access to information is subject to other laws including privacy laws.

There are as many ways to divide the time a child will spend with each parent as there are families. Some examples of parenting arrangements include the children:

• living mostly with one parent and spending time with the other parent according to a schedule or just as agreed by the parents
• alternating weeks living with each parent
• living with each parent part of each week with those days changing or not changing every week
• spending alternating school breaks, summer vacations or other special occasions like birthdays with each parent

There are many other aspects of parenting that can be covered in parenting arrangements including things such as:

• pick-up and drop-off when children move between homes
• communication with the children when they are with the other parent
• attendance at child-related events

For more information, see Parenting Plans.

The court can order that a parent’s time with the child be supervised. This means the child will not be alone with that parent. Parenting time can be supervised by a third party, such as a relative or friend of the family. The court will not order a third party to supervise parenting time unless they agree. Parenting time can also be supervised at special centres provided through the Supervised Parenting Time/Exchange Program. This program only operates in Saskatoon and Regina.

Supervised parenting time is only ordered if there is a concern for the child’s well-being or that a parent will not return the child. Cause for concern could include situations where a parent has:

• a history of alcohol or drug abuse
• a history of mentally, physically or sexually abusing children
• a risk of abducting the child
• had no contact with the children for a long period of time
• limited parenting skills

Supervised parenting time is only ordered in unusual cases. Even when it is ordered, it is not something that is considered a long-term solution. If supervised visits go well, the court may decide to allow unsupervised visits after a period of time. If the court orders supervised parenting time, the court can decide the amount of any cost of supervision that either party must pay.

The court can also order that drop-off and pick-up times be supervised. This is called supervised exchange. This can be supervised by a third party or, in Saskatoon or Regina, by the Supervised Parenting Time/Exchange Program. The court may order that the exchange be supervised if there is violence or a lot of hostility between the parents. It can also order it if one parent has a restraining order against the other parent. Parents can also agree to have the exchange supervised by a third party or in a supervised centre.

In a divorce case, the court can allow a person other than a parent to apply for a contact order. This can only be done if the court has already made a parenting order or they are going to make a parenting order at the same time. This would typically be someone like a grandparent who could not apply or who chooses not to apply for a parenting order.

The court can consider any relevant factor when deciding on a contact order. This includes looking at whether the person could have contact with the child during another person’s parenting time. For example, a grandparent could spend time with the child when the child is with one of the parents.

A contact order can:

• allow in-person visits with the child
• allow contact with the child through other means such as telephone or electronic communication
• require that the contact or the transfer of the child for the purposes of contact be supervised
• prohibit the removal of the child from a certain geographical area without the consent of a specified person or without a further court order
• be for a definite or indefinite period or until a specified event

In non-divorce cases, a person who is not a parent but who the court finds has a sufficient interest in the child could apply for parenting time. This is similar to having a contact order. They could also apply to have decision-making authority.

In determining if someone is a person of sufficient interest, the court considers a variety of factors including:

• how involved the person is in the child’s life
• how long the person has been involved in the child’s life
• the quality of their relationship with the child
• how the relationship was presented to the world
• whether the person has supported the child financially

If the person is not a member of the child’s family, the person must have both a significant relationship with the child and be committed to an ongoing relationship with the child.

A person who is a member of the child’s family, such as a grandparent, is not automatically a person of sufficient interest. However, they may have an easier time showing they are a person of sufficient interest. For example, a grandparent could be considered a person of sufficient interest even if at the time of the application their relationship with the grandchildren is limited because the parents will not allow it.

Once the court determines that someone is a person of sufficient interest, the court uses the same criteria, based on the best interests of the child, that they would use if a parent applied when deciding on a parenting order. The court can make any of the same orders they could make if a parent applied.

The court will not assume that an order for parenting time is in the best interests of the child the way they would if a parent is asking for parenting time. Grandparents wanting parenting time must show that it is in the best interests of the child.

If parents are not allowing the grandparents to see the grandchildren because of conflict between the parents and the grandparents, courts may be reluctant to give grandparents parenting time. Conflict between the parents and the grandparents, however, is not alone a reason to deny them parenting time. The factors that are considered when determining what is in a child's best interests are used to determine whether to provide parenting time to a grandparent.