Best Interests of the Child Saskatchewan

Every parenting decision in a Saskatchewan family court runs through one filter: the best interests of the child. Not the parents' preferences, not fairness between adults, not what is most convenient. Section 10 of The Children's Law Act, 2020 sets out the specific factors judges must evaluate — and understanding them before you walk into mediation or a courtroom changes how you prepare.

The Statutory Factors Under Section 10

Saskatchewan's best-interests test is comprehensive and non-exhaustive, meaning judges can consider additional factors beyond the list. But these are the ones the statute requires:

The child's physical, emotional, and psychological needs. A toddler's need for frequent contact with both parents looks different from a teenager's need for stability during exam periods. Courts consider where the child is developmentally, not where the parents wish they were.

The child's need for stability. This factor gives weight to the status quo. If a child has been thriving in one parent's primary care for two years, the court is reluctant to disrupt that arrangement without strong reasons. Stability includes the child's school, friendships, community connections, and daily routines.

The history of care. Who has actually been doing the parenting? The court looks at who managed school, medical appointments, extracurricular logistics, and bedtime routines — in practice, not in theory. A parent who was minimally involved during the marriage cannot claim equal parenting time based on good intentions alone.

The strength of existing relationships. The child's bond with each parent, with siblings, with grandparents, and with other significant people in their life. Courts are cautious about arrangements that sever or weaken established relationships that matter to the child.

The child's views and preferences. Saskatchewan courts do not set a fixed age at which a child's opinion "counts." Instead, the child's views are given weight proportional to their age, maturity, and developmental stage. For older children and teenagers, their preferences carry substantial influence — though the court will assess whether those preferences are genuinely the child's own or the product of parental coaching.

For children aged 12 and older, their views can come before the court through a "Voices of the Child" report, prepared by a qualified professional who interviews the child in a neutral setting. This is different from putting the child on the witness stand, which Saskatchewan courts avoid whenever possible.

Cultural, linguistic, and spiritual heritage. The court must consider the child's connection to their cultural background. For Indigenous children, this factor receives heightened attention: the statute specifically requires analysis of the importance of preserving the child's identity, connection to their territory, language, and community.

Each parent's willingness to foster the other's relationship. This is the cooperation factor, and it cuts both ways. A parent who badmouths the other parent, obstructs parenting time, or undermines the child's relationship with the other side is demonstrating behaviour the court views as contrary to the child's interests. Conversely, a parent who actively supports the child's connection to the other parent scores well on this factor.

Family Violence Changes Everything

When family violence is part of the picture, Section 10(4) adds a separate layer of analysis. The court must evaluate:

• The frequency, severity, and timing of the violence
• Whether there is an ongoing pattern of coercive or controlling behaviour
• Whether the child was directly targeted or indirectly exposed to the violence
• The psychological impact on the child and the victim parent
• Any steps the offending parent has taken to address the behaviour

Family violence in Saskatchewan law goes beyond physical assault. It includes threats, intimidation, financial control, psychological abuse, and any pattern of behaviour designed to dominate or control a family member. A criminal conviction is not required — the family court applies a civil (balance of probabilities) standard.

In cases involving family violence, the safety of the child and the victim parent is the court's primary consideration. This regularly overrides factors like the child's stated preference to spend time with the violent parent.

What the Court Does Not Presume

Saskatchewan courts do not start from the assumption that 50/50 parenting time is best. There is no statutory presumption of equal time. The schedule must be justified by the specific facts of the family's situation — the child's age, each parent's availability, geographic distance between homes, and the parents' ability to cooperate.

This means both parents should explain why their proposed arrangement serves the child's interests. Simply demanding "equal time" without connecting it to the Section 10 factors is not a legal argument — it is a preference.

How to Prepare

Whether you are heading to mediation or a courtroom, the best-interests framework is your roadmap. Before your session:

• Document your history of involvement in the child's daily care
• Think through what stability looks like from your child's perspective — not yours
• Be honest about your ability to cooperate with the other parent
• If family violence is relevant, organize your evidence chronologically with as much specificity as possible

The Saskatchewan Child Custody & Parenting Plan Guide includes a best-interests self-assessment worksheet that maps each Section 10 factor to your specific circumstances, so you can build your case methodically rather than reactively.

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