Family Law
What is the family law division?
In 1994, The Queen's Bench (Family Law Division) Amendment Act established a Family Law Division, which handles all family law matters. There are judges of the Court of Queen's Bench appointed specifically to sit as judges of the Family Law Division. At present these judges are located in Regina, Saskatoon and Prince Albert.
The Court of Queen's Bench deals with all family law matters under the Divorce Act
including:
- Separation and Divorce
- Custody and Access
- Child support
- Spousal support
- Variations of custody, access, child support and spousal support orders.
The Court of Queen's Bench also deals with matters of provincial jurisdiction as follows:
These matters can also be dealt with at Provincial Court in communities where the Court of Queen's Bench does not sit.
What other family law services are available to me?
The Courts do not provide additional services. The Family Justice Services Branch of Saskatchewan Justice provides a variety of services for people dealing with family law matters. This branch does not provide legal services or legal advice. It is recommended that everyone involved in a family law matter consult a lawyer.
The Family Justice Services Branch provides the following:
Maintenance Enforcement
The Maintenance Enforcement Office registers and enforces support orders and agreements (both child and spousal support). Enrollment in the program is voluntary. The Office receives and processes payments and takes enforcement action if payments are not made. It also works with reciprocating jurisdictions and their support enforcement programs where one party lives outside Saskatchewan.
Inter-jurisdicional Support
The Inter-Jurisdictional Support Orders Unit looks after registration of orders, applications for support, and applications for variation of support in cases where one of the parties lives outside of Saskatchewan. The Unit also provides information on inter-jurisdictional legislation and procedures.
Custody and Access
The Social Work Unit prepares court-ordered custody and access assessments. This unit also manages the Supervised Access and Exchange Program.
Parent Education
This unit is responsible for the delivery of the Parent Education Program across Saskatchewan. It is aimed at providing parent education and information to people dealing with family breakdown. The unit also provides information on options for resolving family disputes.
Support Variation & Family Law Information
The Family Law Information Centre and Support Variation Project is a public information resource centre on family law and the Child Support Guidelines. It also provides assistance and information on varying child support.
What Options are Available for Victims of Domestic Violence?
The Victims of Domestic Violence Act provides emergency intervention orders, victims' assistance orders, and warrants of entry to assist victims of domestic violence. These remedies can provide protection or assistance to anyone who is subject to domestic violence which includes:
- forced confinement
- sexual abuse
- acts or threats that cause reasonable fear of bodily harm or damage to property
- Intentional or reckless acts or omissions that cause bodily harm or damage to property
To apply for any of these options, contact the police, a lawyer, Victims Services units of the police, First Nations' community case workers or Mobile Crisis Services. For more information see: www.saskjustice.gov.sk.ca/legislation/summaries/victdomviolact.shtml
How do I get a certified copy of my Divorce Order?
If you wish to obtain a certified copy of your divorce order you must make your request to the Local Registrar's office at the courthouse where the divorce was granted.
A $10.00 fee for the copy must accompany the request. The request can be made in person or in writing and should include the file number or the year the action was commenced so that the courthouse staff can locate the file. If you cannot provide the court staff with the specific date or file number and the staff must look through more than 5 years of files to locate your file, a $20.00 search fee will also be charged.
Is there a "self-help kit" that I can use if I do not have a lawyer for my divorce?
An uncontested self-help divorce kit is available for those going through an uncontested divorce. You should consult a lawyer before beginning the divorce process to be sure that you are fully aware of your rights and obligations.
The kit may assist you in completing your own uncontested divorce if you can answer "yes" to ALL of the following questions:
- Have you and your spouse lived separate and apart for more than one year?
- Have either you or your spouse lived in Saskatchewan continually for at lease one year prior to starting the divorce process?
- Do you know the whereabouts of your spouse (for the purpose of serving documents)?
- Are you certain that no other divorce proceedings have been started by you or your spouse in any other place in Canada?
- Have ALL disputes between you and your spouse been agreed upon? This includes matters like:
- division of family property
- child custody and access
- child support
- spousal support
This kit contains instructions and one set of forms to complete an uncontested divorce. The kit costs $26.75 for the material and does not include the costs of issuing the documents. The kit is available through the Local Registrar's Offices at the Court of Queen's Bench.
Is there a "self-help kit" that I can use if I do not have a lawyer and would like to vary a child support order?
Child support is a payment that is made to the parent who has custody of the child by the non-custodial parent. A judge may vary a support order if the needs or circumstances of the child or one of the parents changes. Some examples of a change of circumstances include a parent losing his or her job or an increase in the income of the non-custodial (paying) parent. A person may not request a variation of support on the basis that he or she is not recieving access to the child.
There is material available at the Local Registrar's Offices of the Court of Queen's Bench to assist persons seeking to vary the child support that are paying or recieving. This material is of assistance if your spouse (or former spouse) lives in Saskatchewan. If this person lives outside of Saskatchewan, different procedures apply. Information can be obtained through the Family Justice Services Branch for applications where the parents live in different provinces.
Anyone considering making an application to vary a child support order should consider seeing a lawyer or an accountant for advice about the Child Support Guidlines and the tax implications of your application to vary. If you are thinking about varying a support order, a lawyer can help you decide if the changes in your circumstances are enough to justify a change in the amount of support paid. You will want to consider the costs of the application and your chances of success.
How Can I Find a Lawyer?
If you want a lawyer to assist you and can not afford one, you may apply for Legal Aid. You can contact the Saskatchewan Legal Aid Commission by calling 1-800-667-3764 and they will refer you to the right office. You can also find your nearest Legal Aid office at www.legalaid.sk.ca. Your eligibility for Legal Aid determined according to your financial status and type of charge. If you qualify, a lawyer will be assigned to your case.
You may also consult a phone book for lawyers listed there.
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