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In Saskatchewan, both parents of a child have equal rights and responsibilities when it comes to decision-making and raising the child. Co-parenting arrangements, regardless of how informal or formal, should be conducted in the same manner - always putting the child’s best interests first. To understand the law and your legal obligations around co-parenting, it is important to understand the key points of the Saskatchewan Family Law Act.
Under the Saskatchewan Family Law Act, Part III - Parental Rights and Responsibilities, parents have the “right to make day-to-day decisions concerning the child’s care and upbringing, including determinations of such matters as health care, religious and other activities, education and requests for information or access to records relating to the child”. (SFLA, s.36). When it comes to the legal rights of co-parents, Section 31 of the particular act stipulates that both parents are deemed equal with respect to determining their child’s legal guardian, given that the child has lived with them for a minimum of six months.
In Saskatchewan, parents are recommended to draw up a co-parenting plan or a parenting plan to outline their mutual agreement on how to raise the child in the absence of a court order. The plan should include information on things such as where the child will go to school, how decisions regarding healthcare and education are made, and how decisions on religious matters will be handled. These areas should all be outlined in detail to avoid any confusion in the future. It is important to note that a parenting plan, while informal in nature, is still legally binding and enforceable in the case of any violations of its terms.
Under the Saskatchewan Family Law Act, both parents have an obligation to provide financial support to their child. This is outlined in Section 39 of the act. The amount of support both parents are obligated to pay is determined by a court order or, if out of court, by agreement. Child support payments are not to be used as a way to punish or reward a parent, but instead, should be an arrangement made with the primary purpose of ensuring that the child’s best interests are provided for.
Co-parenting expenses can refer to expenses that are incurred when the child is away from one parent. Some of these may include travel costs, extra clothing, childcare, after school activities and childcare during holidays. Co-parenting expenses can be subject to taxation, in which case both parents should reach an agreement on how to divide these costs.
In Saskatchewan, visitation rights are not typically automatically granted unless the parents agree to it. It is possible for either parent to apply for visitation rights, in which case a court order will be issued. When deciding on visitation rights, family courts in Saskatchewan will look at a variety of factors, such as the relationship between the child and non-custodial parent, any court agreements or orders in place, and any evidence that the non-custodial parent is a danger to the child.
In Saskatchewan, before either parent can take a parenting matter to court, they must first go through mediation to attempt to find an amicable solution to the dispute. This process requires both parties to come together - preferably with the help of a legal representative - to discuss their respective position and come to an agreement. The goal of mediation is to reduce hostility while minimizing any potential long-term damage to the relationship between the parents.
In Saskatchewan, both parents of a child have equal rights and responsibilities when it comes to decision-making and raising the child. Co-parenting arrangements should be conducted in the same manner as was outlined by the Saskatchewan Family Law Act, always putting the child’s best interests first.
Key aspects include deciding on custody, parental rights, decision-making and parenting plans, child support, co-parenting expenses, visitation rights, and mediation. Each of these family law issues should always be approached in a manner that puts the child’s best interests first. Knowing the law, understanding your legal rights, and having experienced legal representation is essential in order to navigate the complex nature of family law in Saskatchewan.
Fact Check and Resources
In crafting this post, we conducted thorough fact-checking and research, consulting the following sources:
Co-parenting in USA
Co-parenting in Canada
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.