Parenting Time & Decision-Making: New Terms for Custody and Access

In 2020, changes to the Divorce Act affected the way courts addressed parenting arrangements after separation and divorce. The former terms “custody” and “access” were replaced with “decision-making responsibility” and “parenting time” to reflect a more child-focused and cooperative approach to co-parenting.

For families reconfiguring to life after separation and divorce, understanding these new terms and how they are used family law in Saskatchewan is important. These changes impact legal proceedings and the way co-parents approach shared responsibilities. At Panko Collaborative Law & Mediation, our family lawyers in Saskatoon assist co-parents in understanding these updates to help reduce conflict and focus on the best interests of the children.

Why does this Terminology Change Matter?

The move away from adversarial terms like “custody” helps to facilitate a change to how people engage with figuring out their parenting arrangements after separation and divorce.

Here are some ways these changes help improve outcomes for families in the separation and divorce process:

1. The language used is child centred and focuses on the best interests of the child.

The revised terminology puts the child’s well-being at the centre of discussions about family law. Instead of focusing on which parent “wins custody”, the law now evaluates how parenting responsibilities and time can be structured to best support the child’s emotional, physical, and psychological development. Courts consider factors such as:

✔ The child’s relationship with each parent

✔ Stability in routines and caregiving

✔ The ability of parents to communicate effectively

✔ The child’s safety and overall well-being

This approach recognizes that children benefit most when both parents play active, meaningful roles in their lives.

2. Encouraging Parental Cooperation

By eliminating terms that imply ownership and control, the new framework encourages collaborative co-parenting. Instead of battling for “custody,” parents are urged to work together to develop a parenting plan that supports their child’s best interests.

Mediation and Collaborative Law are especially well-suited for families looking to work amicably together to reach parenting agreements. By focusing on future solutions rather than conflict, parents can avoid court battles and create a parenting plan tailored to their child’s needs.

3. Clearer Definitions for Roles and Responsibilities

Decision-Making Responsibility: This refers to can make important decisions about the child’s life, including education, healthcare, and religious upbringing. Parents can share this responsibility or one parent may be the sole decision-maker.
Parenting Time: This term specifies when and how each parent will spend time with the child. This includes daily schedules, holiday arrangements, and other important considerations.

Unlike previous terms, this clarifies the distinction between time spent with the child and who makes decisions about their upbringing.

How Family Law in Saskatchewan Reflects These Changes

The updated legal language aligns with existing family law in Saskatchewan, ensuring that parenting arrangements prioritize cooperative decision-making and child-focused outcomes. When determining parenting time and decision-making responsibility, Saskatchewan courts assess factors such as:

✔ Each parent’s willingness to foster a healthy relationship between the child and the other parent

✔ The historical role of each parent in caregiving

✔ The ability of parents to communicate and collaborate

✔ Any history of family violence or concerns impacting the child’s safety and well-being

Our divorce lawyers in Saskatoon work closely with parents to ensure they understand these legal principles and develop sustainable parenting arrangements that meet both legal standards and their family’s unique needs.

The Role of Mediation and Collaborative Law

For many separating parents, resolving parenting arrangements outside of court is the preferred approach. Mediation and Collaborative Law provide structured, supportive environments where parents can:

✔ Develop customized parenting plans that meet their scheduling needs

✔ Create agreements are specific to concerns such as travel, schooling, and extracurricular activities

✔ Avoid the stress and cost of litigation

✔ Focus on long-term cooperation, to the benefit of the child’s well-being

At Panko Collaborative Law & Mediation, we believe that when parents work together—rather than against each other—the outcomes for their children are significantly better.

Moving Forward with Parenting Arrangements in Saskatchewan

Navigating parenting time and decision-making responsibility can feel overwhelming, but you don’t have to do it alone. Whether you need legal guidance, mediation services, or support in developing a parenting plan, our experienced family lawyers in Saskatoon are here to help.

Have questions about your parenting arrangements? We offer a free discovery call with our Client Experience Manager to help you understand your options before booking a consultation.

Call us at (306) 975-7151 or contact us to learn how we can support your family.