Mandatory Parent Education Program

In October 2001, legislative amendments were made to allow the Department of Justice to pilot a mandatory Parent Education Program in the judicial centres of Saskatoon and Yorkton. In September 2003, the judicial centres of Prince Albert and Regina were added.

In these four judicial centres, in any family law proceeding in which custody, access or child support is in issue, other than a proceeding pursuant to The Inter-jurisdictional Support Orders Act, the party commencing the action must:

• attend a parenting education program and file a certificate of attendance with the court before taking any further step in the proceeding; and
• serve the Respondent with the Notice to Attend a Parenting Education Program with the document commencing the family law proceeding.

The Respondent must attend a parenting education program and file a certificate of attendance before taking any further step in the proceeding.

Parties are not required to attend a parenting education program if:

• they file with the court a certificate of attendance proving that they have attended a parenting education program or equivalent program within the preceding two years;
• they obtain an order from the Court exempting them from attendance; or
• all the parties to the proceeding certify in writing that a written agreement has been entered into settling all issues respecting custody, access and child support.

Failure to attend a parenting education program when required to do so may result in the Court, upon application by the other side:

• striking out that party's pleadings or other documents;
• refusing to allow that party to make submissions on an application or at trial; or
• ordering attendance at a program within a specified time and adjourning the application.

The application for exemption from attendance may be made ex parte. The grounds for granting an exemption must be one of the following:

• the applicant is seeking interim custody incidental to an ex parte application for a restraining order where there has been domestic violence;
• a child of the party has been kidnapped or abducted; or
• in the opinion of the court, there are extraordinary circumstances.

A court may postpone the requirement to attend a parenting education program where one of the parties has made a unilateral change in a custody or access arrangement. This application may be made ex parte.