How to Get Custody of a Grandchild in Saskatchewan

"Custody" Is No Longer the Legal Term — But the Need Is Real

Saskatchewan retired the word "custody" from its family law vocabulary when The Children's Law Act, 2020 came into force. The concept you are looking for is now called "decision-making responsibility" — the legal authority to make significant decisions about a child's health, education, culture, and religion. If you also want the child living with you, you need a parenting arrangement that specifies physical care.

The terminology change matters because using old language on court forms can create confusion. But the substance of what grandparents need has not changed: legal authority to raise the child, make medical decisions, enrol them in school, and access financial support.

Two Legal Paths, Very Different Triggers

Path 1: Person of Sufficient Interest (PSI) through child welfare. This route applies when the Ministry of Social Services or a Delegated Indigenous Child and Family Services agency has found the child in need of protection under The Child and Family Services Act. The Ministry may propose placing the child with you under a PSI order rather than making the child a ward. The court grants the order, and you become the sole legal guardian.

PSI orders unlock non-means-tested maintenance at foster care rates, supplementary health coverage, and other supports. The Ministry's involvement is the trigger — you cannot initiate a PSI order on your own without a protection finding.

Path 2: Private parenting order through Court of King's Bench. When the Ministry is not involved, you apply under The Children's Law Act, 2020. Depending on the application, the originating document may be Form 15-1B (Petition - Family Law Proceeding) or Form 15-2A (Notice of Application for Decision-Making Responsibility) in the Court of King's Bench, Family Law Division. A standard filing fee applies; low-income applicants may request a waiver using Form 15-11A with proof of income.

This route gives you legal authority but does not come with provincial maintenance payments. Your financial support relies on the Canada Child Benefit, Saskatchewan Income Support or the Saskatchewan Employment Incentive, and court-ordered child support from the biological parents.

What the Court Considers

Under both paths, the court applies the best-interests-of-the-child standard. Factors include:

• The child's physical and emotional safety
• The child's existing relationships and bonds
• Each person's willingness and ability to care for the child
• The child's cultural, linguistic, and spiritual heritage
• Any history of family violence

For grandparents, your strongest evidence is typically the existing relationship — the child already knows you, may already be living with you, and has a bond built over years. Courts do not automatically favour biological parents over grandparents when the evidence shows the child's best interests lie with the grandparent.

Grandparent Parenting Time (Contact Orders)

Not every grandparent needs full decision-making responsibility. If you want regular time with a grandchild whose parents are alive and functioning but restricting your access, you can apply for a contact order under CLA 2020.

A contact order gives non-parents — grandparents, aunts, uncles — court-ordered time with the child. It does not transfer any decision-making authority, and it does not affect financial benefit eligibility. But it legally protects your relationship with the grandchild.

The Cost Reality

The court filing fee is one part of the cost. If the biological parents contest your application:

• Private family lawyers in Regina and Saskatoon charge $250 to $500 per hour
• Retainers typically start at $2,000 to $5,000
• A contested hearing can cost $10,000 to $20,000 or more

For lower-income grandparents, Legal Aid Saskatchewan may cover the costs if your income qualifies. Pro Bono Law Saskatchewan offers limited free legal advice. And the Family Law Information Centre provides self-help kits for grandparents who represent themselves.

Which Path Gets You Financial Support

The financial difference between the two legal paths is stark:

• PSI order: Non-means-tested monthly maintenance, school allowances, holiday allowances, supplementary health coverage — all at no cost to you
• Private parenting order: No provincial maintenance. You rely on the CCB, income-tested provincial supports like SIS or SEI, and whatever child support the court orders the parents to pay

This financial reality is why understanding the distinction between child welfare involvement (PSI) and private family law (CLA 2020) matters so much. Our Saskatchewan Kinship Financial Help Guide maps both paths side by side and shows exactly how each one affects every payment you can claim.

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