Parenting Order Saskatchewan Grandparent: How to Apply Under the Children's Law Act

When child protection is not involved and you need legal authority to raise your grandchild in Saskatchewan, the route is a parenting order through the Court of King's Bench under The Children's Law Act, 2020. The process gives you formal decision-making responsibility — the right to make choices about the child's health, education, religion, and daily life — and puts your care arrangement on a legal footing that schools, doctors, and government agencies will recognize.

What the Children's Law Act Changed

The Children's Law Act, 2020 replaced older family law terminology in Saskatchewan:

• "Custody" is now "decision-making responsibility" — the authority to make significant decisions about a child's life
• "Access" is now "parenting time" (for parents) or "contact orders" (for non-parents like grandparents)

When you see older resources that talk about "custody," they mean what the current Act calls decision-making responsibility. The forms use the new language.

The Court Process

Step 1: Get the forms. Visit the Family Law Information Centre (FLIC) at the Court of King's Bench in Regina, Saskatoon, or Prince Albert for the self-help kit. The key forms are:

• Form 15-1B (Petition for a Family Law Proceeding): the main application
• Form 15-2A (Notice of Application for Decision-Making Responsibility): an alternative for simpler matters
• You will also need to prepare an affidavit setting out the facts — when the child came to live with you, why, and what care you provide

Step 2: Pay the filing fee. The standard filing fee is $300. If you are on a low income (SIS, pension, or limited savings), apply for a fee waiver using Form 15-11A. You will need to provide proof of income — pension statements, SIS stubs, or bank statements.

Step 3: Attend the mandatory information session. The "Parenting After Separation?" program is a free session required before most family court hearings proceed. Contact the court registry for scheduling.

Step 4: Serve the biological parents. The parents must be notified of your application. If they cannot be located, you may need to apply to the court for an order for substituted service.

Step 5: Court hearing. The judge evaluates your application under the best-interests-of-the-child standard (Section 10 of the CLA 2020). Factors include the child's physical, emotional, and psychological needs, the nature of your relationship with the child, and the child's views if they are old enough.

If the matter is uncontested (the parents agree or do not respond), the hearing is usually brief. Contested applications require more preparation and often legal representation.

What a Parenting Order Does and Does Not Give You

It gives you:

• Legal decision-making responsibility (medical, educational, religious decisions)
• A formal court order documenting your decision-making responsibility
• The ability to apply for the Canada Child Benefit in your own name with a court order as supporting evidence
• Eligibility for Saskatchewan Income Support and the Saskatchewan Employment Incentive

It does not give you:

• PSI maintenance payments from the Ministry of Social Services (PSI orders come through the child protection stream, not private court applications)
• Supplementary Health Benefits (you get the standard Family Health Benefits instead, if income-eligible)
• School or holiday allowances from the Ministry

This financial gap is the key difference between a private parenting order and a PSI order. The parenting order gives you legal authority but no provincial financial support beyond general safety-net programs.

Free Legal Help

If you cannot afford a lawyer:

• Family Law Information Centre (FLIC): Free court forms and procedural guidance
• Pro Bono Law Saskatchewan: Volunteer lawyers for qualifying low-income cases
• Legal Aid Saskatchewan: Free representation if you meet income cutoffs
• Family Matters Program (1-844-863-3408): Free intake and information sessions
• PLEA (Public Legal Education Association): Plain-language guides to Saskatchewan family law

After the Order

Once you have the parenting order, use it to:

1. Apply for the CCB at CRA (the order is strong proof of primary responsibility)
2. Enroll the child in school under your address
3. Add the child to your provincial health card
4. Apply for the Saskatchewan Employment Incentive if you are working

The Saskatchewan Kinship Financial Help Guide maps the full financial path after a parenting order — which benefits you qualify for, which forms to file, and how to maximize the support available when PSI maintenance is not an option.

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