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Child Custody in Saskatchewan: How Courts Decide

Saskatchewan approaches custody through Best interests of child; 'parenting orders' since 2021 Divorce Act amendments. Understanding how custody works helps you prepare for one of the most important decisions in your divorce.

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How Custody Works in Saskatchewan

  • Custody approach: Best interests of child; 'parenting orders' since 2021 Divorce Act amendments
  • Legal custody/parental authority: right to make major decisions about the child
  • Physical custody/residence: where the child lives day-to-day
  • Joint/shared arrangements are increasingly common worldwide
  • Courts prioritize stability and continuity for children
  • Both parents typically retain rights unless safety concerns exist

Factors in Custody Decisions

  • The child's physical, emotional, and educational needs
  • Each parent's ability and willingness to care for the child
  • The child's existing relationships and attachments
  • Stability of each parent's home environment
  • History of domestic violence or substance abuse
  • The child's own wishes (depending on age and maturity)
  • Each parent's willingness to support the child's relationship with the other parent

Common Custody Arrangements

  • Equal shared time (alternating weeks, 2-2-3 rotation, etc.)
  • Primary residence with one parent + regular time with the other
  • Weekday/weekend split based on work and school schedules
  • Holiday and vacation rotation between parents
  • Long-distance arrangements when parents live far apart

Mistakes That Hurt Custody Cases

  • Speaking negatively about the other parent in front of children
  • Denying the other parent's time with children without court order
  • Moving away with children without legal permission
  • Using children as messengers or involving them in adult conflicts
  • Being inflexible or uncooperative about scheduling
  • Posting negative content about your ex on social media

Every situation is different

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Legal Disclaimer: This article covers Saskatchewan, Canada divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Saskatchewan, Canada for advice specific to your situation.