When a parent passes away, the emotional and practical consequences for a family are overwhelming. For separated or divorced parents with children, one question often arises: can parenting time be left to someone else in a will?
This is a natural question, especially for parents who worry about their child’s continuity, stability, and connection to extended family; however, the law in Saskatchewan is clear and the answer may surprise you.
What is parenting time?
Parenting time refers to the time a child spends with a parent. Parenting time is understood legally to be the right of a child and not the right of a parent. This means parents do not have absolute or automatic entitlements to parenting time. Parenting time is determined by the best interests of each child.
What happens when a parent with parenting time dies?
When one parent dies, the surviving parent automatically becomes the child’s legal decision-maker under The Children’s Law Act, 2020, unless a court has ordered or the parents agree otherwise. This occurs by operation of law and does not depend on whether the parents were married, separated, or divorced.
The deceased parent cannot bequeath their parenting time to someone else. A person may dispose of property in their will but may not leave their parenting time to someone else. A parent’s parenting time ends immediately when the parent dies because it is tied directly to the living relationship between that specific parent and child. It is not a form of property. When a parent with parenting time passes away, that parenting time simply ceases. It does not transfer to another person, even if the parent expressly wishes such in their will.
Parents can express wishes through their will regarding decision-making responsibilities or guardianship of property for their child; however, such wishes are not determinative and while such wishes may be considered, the child’s best interests are the primary consideration.
Can extended family members seek parenting time after a parent dies?
Extended family members of a deceased parent can seek parenting time with a child, but parenting time is not automatic.
A person who has a meaningful relationship with the child may apply to the Saskatchewan Court of King’s Bench as a “person of sufficient interest” and ask for parenting time, decision-making responsibilities, or other relief affecting the child. The child’s best interests are the primary and guiding principle ensuring that decisions about parenting time, guardianship, or legal decision-making are not driven by parental preference alone but by what will best support the child’s safety, stability, wellbeing, and developmental needs.
Key Takeaway
Although parents may have strong preferences about who should care for their children after their passing, parenting time cannot be inherited or gifted through a will. Parenting time is a personal and relational right belonging to the child and it ends when the parent dies, subject to any applicable agreements or orders of the court stating otherwise.
If you have any questions or require further information regarding your particular situation, please contact us and Avenue Law LLP’s family law team would be happy to assist you.
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This blog is for general informational purposes only. The content provided does not constitute legal advice and does not establish a solicitor-client relationship with Avenue Law LLP. For advice tailored to your specific situation, please contact Avenue Law LLP directly to arrange a consultation.
