Facing eviction can be overwhelming for tenants who are parents. In Saskatchewan, losing a home may complicate child custody arrangements, access to stable housing, and a parent’s ability to meet court expectations for parenting time. This guide explains how an eviction can affect custody decisions, what evidence courts and tribunals consider, and practical housing options tenants can pursue after an eviction notice. It covers timelines, required forms, tips for documenting housing history, and how to connect with local supports. Written for renters without legal training, the information focuses on clear steps to protect children, preserve housing options, and prepare for hearings involving both tenancy and family matters.
How eviction can influence custody decisions
Family courts consider a child’s best interests first. A recent eviction can be one of many factors a judge reviews when making decisions about custody or parenting time, especially if it affects the child’s stability, routine, schooling, or safety. Courts look for evidence that a parent can provide a safe, stable home and meet a child’s day-to-day needs. Tenancy outcomes handled by the Office of Residential Tenancies may be considered alongside child welfare reports, rental history, and any safety concerns.[1][2]
What tenants should do when facing eviction
- Act quickly and note deadlines in any notice you receive so you can respond or apply for a hearing within the required timeframes.
- Keep clear records: copies of rent payments, written communication with the landlord, dated photos of the unit, and logs of repair requests.
- Seek legal advice and community supports early to understand both tenancy and family law implications and available emergency housing.
- Consider temporary housing plans while you address the eviction and custody concerns, and search available listings such as Find rental homes across Canada on Houseme to identify potential moves quickly.
Forms, timelines and how they matter
Common tenancy forms and filings can affect how quickly you must act and whether a tribunal will consider your situation before an eviction is finalized. Below are typical documents tenants in Saskatchewan may encounter and how they are used.
- Notice to End Tenancy (for non-payment or other grounds): this is the written notice a landlord serves to start an eviction. Example: if rent is unpaid, a tenant should keep payment receipts and respond in writing, then apply for a hearing if the notice is disputed.[3]
- Application to the Office of Residential Tenancies: tenants use this application to ask the tribunal to stop an eviction, seek orders for repairs, or request compensation. Example: after receiving a termination notice, file an application and bring documents such as the lease, receipts, and photos to the hearing.[1]
- Family court forms (custody/parenting time applications): if eviction intersects with family law, you may need to file or respond to custody documents in provincial family court. Example: provide the court with evidence of housing plans, support services, and any tribunal outcomes that show stability or risk.
FAQ
- Will an eviction make me lose custody?
- An eviction alone does not automatically cause loss of custody. Judges consider many factors about the child’s best interests, including safety, stability, and parental capacity. Showing a plan for stable housing, supports, and good documentation can reduce negative impact.
- Can an eviction notice be used as evidence in family court?
- Yes. An eviction notice and tribunal decisions can be submitted as evidence about housing stability or safety, but courts also weigh other evidence such as income, support networks, and child welfare reports.
- Where can I get help with tenancy and custody issues in Saskatchewan?
- Start with official tenancy resources and community legal clinics. See Tenant Rights and Landlord Rights in Saskatchewan for provincial tenancy basics and What Tenants Need to Know After Signing the Rental Agreement for guidance on records, repairs, and communication with your landlord.
How-To
- Gather and organize documents: lease, rent receipts, photos of the unit, messages with the landlord, and any notices.
- Respond to the eviction notice within the timeframe stated and check tribunal deadlines so you can file an application if needed.
- File an application with the Office of Residential Tenancies to dispute the eviction or request more time; attach your evidence and a clear statement of facts.
- Prepare evidence for any family court hearing: explain housing plans, supports, and steps you’ve taken to secure stable housing for your child.
- Identify temporary or longer-term housing options early and document efforts to secure accommodation to show the court you are addressing stability concerns.
- Contact legal aid, family duty counsel, or tenant clinics for advice and representation options before hearings.
Key Takeaways
- Eviction can influence custody decisions but is only one of several factors considered by courts.
- Document rent payments, notices, and repairs to strengthen your position in both tenancy and family proceedings.
- Act quickly on notices and pursue housing options and supports to maintain stability for children.
Help and Support / Resources
- Office of Residential Tenancies — tribunal, forms and applications
- Ending a tenancy and official forms — Government of Saskatchewan
- Family justice and court resources — Government of Saskatchewan
