How to File for Custody in Saskatchewan

The Terminology You Need First

Saskatchewan no longer uses the words "custody" and "access" as the current terminology. Since March 1, 2021, The Children's Law Act, 2020 replaced them with "decision-making responsibility" (who makes major decisions about health, education, religion, and significant extracurriculars) and "parenting time" (when the child is physically in each parent's care). Courts still understand what you mean if you say "custody," and older forms and judgments may still use legacy terms, but use the current language where applicable in new filings.

Whether you're married or unmarried, parenting orders go through the Court of King's Bench. Married couples filing for divorce combine their parenting claims with the Petition for Divorce. Unmarried parents file a standalone application under The Children's Law Act, 2020.

Step 1: Complete the Mandatory Prerequisites

Before the court will schedule any contested parenting hearing, you must clear two gatekeepers.

Parenting After Separation course (PAS): Under Practice Directive #2, both parents must complete this free course. It's available online and covers child development during separation, the legal process, and communication strategies. You receive a Certificate of Attendance valid for two years. Serve a Notice to Attend (Form A) on the other parent alongside your Petition.

Early Family Dispute Resolution (FDR): Since July 2022, Section 7-4 of The King's Bench Act requires participation in a recognized dispute resolution process — mediation, collaborative law, family arbitration, or parenting coordination where applicable — before contested court steps. You need a Certificate of Participation from a registered provider to proceed. Exemptions are narrow and require proof of interpersonal violence, child abduction, or documented non-responsiveness from the other party.

Step 2: Prepare and File Your Petition

For married couples: file a Petition for Divorce (Form 15-16) that includes your proposed parenting-time schedule and decision-making arrangement. If you and your spouse agree, use the Joint Petition (Form 15-100A) instead — it's faster and cheaper.

Filing fees at the Court of King's Bench registry: CA$300 for a contested Petition, CA$200 for a Joint Petition. You'll also need your original marriage certificate (or a certified copy from Vital Statistics, approximately CA$40–$60).

At least one spouse must have been ordinarily resident in Saskatchewan for at least one full year immediately before filing.

Step 3: Serve the Other Parent

You cannot serve the Petition yourself. An independent adult (a process server, friend, or family member who isn't a party to the case) must hand-deliver the documents to the Respondent. Process servers in Saskatchewan charge CA$50–$150.

The server then signs an Affidavit of Personal Service (Form 15-8A) confirming the date, time, and method of delivery.

Response deadlines: The Respondent has 30 days to file an Answer (Form 15-19A) if served in North America, or 60 days if served internationally. If they don't respond, you can note them in default.

Step 4: Exchange Financial Disclosure

If child support is at issue — and it often is when parenting time is being decided — the relevant party or parties generally must file a Financial Statement (Form 15-47) within 10 days of filing the Petition or Answer. An exception applies where a party is only applying for basic Table support and the paying parent's income is under CA$150,000. The form requires detailed income, expense, and net worth information, plus three years of personal tax returns and Notices of Assessment from CRA.

If property division is also claimed, add a Property Statement (Form 15-49) covering all assets, debts, RRSPs, TFSAs, pensions, and real estate.

Step 5: Judicial Case Conference (Saskatoon and Regina)

In Saskatoon and Regina, Practice Directive #7 adds another mandatory step: a Judicial Case Conference (JCC) before any contested chambers hearing. File a Request for JCC (Form FAM-PD #7-2) with a draft order. The request must be served on the other parent at least three days before filing and must be signed by you personally — your lawyer can't sign it for you.

Other judicial centres (Prince Albert, Moose Jaw, etc.) don't currently require a JCC.

Step 6: Interim or Final Orders

If you need an immediate parenting arrangement while the full case proceeds, you can apply for interim relief through a Notice of Application (Form 15-32). This gets you before a judge faster but produces a temporary order, not a final one.

In a contested case, the final parenting order may follow a Pre-Trial Conference (both parties file a Joint Request using Form 15-61) and, if settlement fails, a trial. Trial tariff costs run CA$1,250–$3,750 per half-day.

Filing as a Self-Represented Parent

Many parents navigating the Court of King's Bench for parenting orders do it without a lawyer — family law attorneys charge CA$250–$400 per hour in Saskatchewan, making full representation unaffordable for many families.

As a self-represented litigant, you have the same filing rights as a represented party. Registry staff will accept your forms and tell you if something's missing, but they can't advise you on strategy or help you draft your parenting proposals.

The Saskatchewan Child Custody and Parenting Plan Guide is designed for parents in exactly this position — it translates each filing step into plain language and provides worksheets for building the parenting-time schedule and decision-making allocation that the court forms require.

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