Domestic Violence and Family Court in Saskatchewan
How Saskatchewan courts may consider domestic violence in parenting determinations.
Parenting Time, Safety Concerns, and Court Options
Custody and Parenting-Time Basics
In Canada, family courts focus on what is in the “best interests of the child.” Safety, stability, and the child’s overall well-being are important parts of this.
Some provinces and territories use the terms “decision-making responsibility” and “parenting time” instead of “custody” and “access.” The ideas are similar:
- Decision-making responsibility / Custody – who makes major decisions about the child’s health care, education, religion or culture, and major life issues.
- Parenting time / Access – when the child is in each caregiver’s care, including overnights, holidays, and regular weekly time.
- Contact – time a child spends with someone who is not a guardian or parent, such as a grandparent, if the court orders it.
Courts may order different setups depending on the situation:
- Shared decision-making – both parents share major decisions.
- Sole decision-making – one parent makes major decisions.
- Primary residence – the child mainly lives with one parent and has parenting time with the other.
- Shared parenting time – the child spends close to equal time with each parent, if it is safe and practical.
The exact terms and processes can be different in each province or territory. Local family law information or legal clinics can help explain how the rules apply in your area.
Raising Domestic Violence Concerns in Parenting Matters
Family violence, including emotional, psychological, financial, sexual, and physical harm, can be very important in parenting decisions. Courts may consider any pattern of behaviour that causes fear, control, or harm to you or the child.
If it feels safe to do so, concerns about violence or control can be raised:
- In court forms or affidavits (sworn statements).
- During mediation or case conferences, if they are safe and appropriate.
- Through your lawyer or legal representative, if you have one.
- With a duty counsel or family law information service, where available.
When raising these concerns, it can help to:
- Describe behaviours and their impact on you and the child, rather than only using labels like “abusive.”
- Explain any safety steps you have already taken, such as changing routines or seeking help.
- Mention if the child has witnessed conflicts, is fearful, or shows changes in behaviour related to the other parent.
If you are worried that talking about violence could increase risk, consider whether it is safer to use a confidential phone call, private device, or support person when planning how to raise these issues. You can also look at options listed at https://www.dv.support for additional support across Canada.
Examples of Evidence Courts May Look At
Courts generally look for information that helps them understand safety risks, patterns of behaviour, and how the child is affected. This can include many types of evidence, depending on what exists in your situation.
Documents and Records
- Text messages, emails, or messages from apps that show threats, monitoring, or harassment.
- Call logs or voicemail messages.
- Social media posts or direct messages that show conflicts or control.
- Copies of past court orders, separation agreements, or peace bonds.
- Police occurrence reports or incident numbers, where they exist.
- Medical or hospital records that mention injuries, fear, or stress related to the relationship.
- School or daycare records showing concerns about the child’s behaviour, attendance, or safety.
Statements from People Involved
- Your own sworn statement (affidavit) explaining what has happened and how it affects you and the child.
- Sworn statements from people who have seen or heard concerning behaviour, such as neighbours, family, or friends.
- Reports or letters from counsellors, social workers, or support workers, where appropriate and available.
Official Involvement
- Child protection or child welfare records, if they have been involved.
- Probation or criminal court documents, if any charges or conditions exist.
- Reports from parenting assessors, psychologists, or other professionals appointed by the court, where this has been ordered.
Courts understand that not everyone has police reports, medical records, or witness statements. Lack of formal records does not mean the violence did not happen. Explain what you can, in as much detail as feels safe.
Supervised Parenting Options
When there are safety concerns, courts may consider supervised time between a child and a parent. The goal is usually to allow the child to have some contact where it is safe and appropriate, while reducing risk.
Types of Supervision
- Supervised visits at an agency or centre – Visits take place at a supervised access centre or similar service. Staff monitor visits and may keep notes.
- Supervised exchanges – The child is transferred between caregivers in a supervised setting so the adults do not need to meet directly.
- Supervision by an agreed person – A trusted adult (for example, a relative or family friend) supervises visits, if the court agrees and it is safe.
Supervision may be considered when there are concerns about:
- Physical safety or past threats.
- Abduction or refusal to return the child.
- Substance use that affects parenting.
- Serious emotional harm, intimidation, or ongoing conflict in front of the child.
Supervised options and access centres are not available in every community, and they may have fees or waitlists. Availability, rules, and costs are different across provinces and territories.
Planning Around Supervised Parenting
When supervised parenting is in place, it can help to think about:
- How the child will get to and from visits in a way that feels as calm and safe as possible.
- Who will communicate about schedules or changes, and in what format (for example, email or an approved app).
- What to do if the other parent does not follow rules or conditions set out in the order.
If you are worried that a current order or arrangement does not feel safe for you or the child, consider speaking with a legal clinic, duty counsel, or family law information service about possible next steps in your province or territory.