The Children's Law Act, 2020 in Saskatchewan: What Grandparents Need to Know

The Law That Changed How Saskatchewan Talks About Custody

If you have been researching how to get legal authority over a grandchild in Saskatchewan, you have probably run into confusing terminology. Some websites say "custody." Others say "decision-making responsibility." Court forms use "parenting order." The reason for the confusion is The Children's Law Act, 2020 (CLA 2020), which modernized Saskatchewan's family law vocabulary to align with the federal Divorce Act.

Understanding what changed — and what the new terms actually mean for a grandparent — matters because the wrong terminology on a court application can create delays.

What the New Terms Replace

CLA 2020 retired the old language and introduced replacements:

• "Custody" is now "decision-making responsibility" — the legal authority to make significant decisions about a child's health, education, culture, and religion
• "Access" is now "parenting time" for parents, or "contact orders" for non-parents like grandparents, aunts, and uncles
• "Sole custody" roughly maps to exclusive decision-making responsibility, but the new framework encourages specifying which decisions each person controls

For grandparents, the key distinction is that you apply for a contact order or a specific order granting decision-making responsibility — not "parenting time," which is reserved for parents.

Filing in Court of King's Bench

Private family proceedings under CLA 2020 go through the Court of King's Bench of Saskatchewan, Family Law Division. Depending on the application, the originating form may be Form 15-1B (Petition - Family Law Proceeding) or Form 15-2A (Notice of Application for Decision-Making Responsibility).

A standard filing fee applies. Low-income applicants may apply for a fee waiver using Form 15-11A and proof of income. Beyond the court fee, legal costs escalate quickly if the matter is contested — private family lawyers in Regina and Saskatoon typically require retainers of $2,000 to $5,000, with hourly rates between $250 and $500.

Self-represented applicants can access free procedural help through the Family Law Information Centre (FLIC) at Court of King's Bench locations, which provides self-help kits with the forms and step-by-step instructions. PLEA Saskatchewan also publishes free guides explaining the filing procedure.

How CLA 2020 Affects Financial Support

Here is the critical point for kinship caregivers: a private parenting order under CLA 2020 does not automatically trigger provincial financial maintenance from the Ministry of Social Services.

PSI maintenance payments flow only through The Child and Family Services Act, which requires a finding that the child needs protection and a court order placing the child with a Person of Sufficient Interest. A CLA 2020 parenting order is a private family law matter — the Ministry is not involved.

This means a grandparent with a CLA 2020 parenting order relies on:

• Canada Child Benefit (federal, based on primary caregiver status)
• Saskatchewan Income Support or Saskatchewan Employment Incentive (provincial, income-tested)
• Court-ordered child support from the biological parents, enforced through the Maintenance Enforcement Office

Understanding this distinction before you choose your legal path can save you from pursuing the wrong order. If the child was previously in Ministry care or at risk, the PSI route may offer stronger financial support.

The Best-Interests Standard

CLA 2020 requires every decision about a child to be made under the best-interests-of-the-child standard in Section 10. The court considers factors including the child's physical and emotional safety, existing relationships, each person's ability to care for the child, and any history of family violence.

For a grandparent, this means your application needs to demonstrate stability, the child's existing bond with you, and your ability to meet the child's daily needs. The court does not default to biological parents — it weighs all the evidence.

Choosing the Right Legal Path

The decision between a CLA 2020 private parenting order and a PSI order through child welfare depends on your specific situation — whether the Ministry is already involved, whether the child has been found in need of protection, and what financial support you need.

Our Saskatchewan Kinship Financial Help Guide maps both legal pathways side by side and shows exactly how each one affects your eligibility for every available payment and benefit.

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