Interim Applications and Supreme Court Family Law Proceedings

Once a BC Supreme Court proceeding has started, it's often helpful, if not necessary, to get one or more short-term orders about important things like where the children will live, or whether and what amount of spousal support should be paid. It may also be necessary to get orders to resolve sticking points in the litigation process itself, often called procedural or case management orders. Whether the issue is something important (like the care of children, or the financial needs of a party), or a procedural question (like whether certain documents should be disclosed, or whether a case should be transferred to another registry), getting an order other than at trial often involves making a court application. For issues that need to be dealt with immediately, and which cannot wait months (or even years) until a trial held, the courts can grant short-term orders about important things, called interim orders, and procedural orders about procedural things, but you must make an interim application in court.

This section provides an introduction to interim applications, discusses the process for making and defending interim applications in the BC Supreme Court, and reviews some of the facts that are important for a variety of common applications.

Introduction

The word interim comes from the Latin for "meanwhile." Interim applications are requests that the court make temporary, short-term orders called, appropriately enough, interim orders. Interim orders are made after a court proceeding has started and before the court proceeding has ended, whether the proceeding ends with a trial or a settlement. Interim orders last only until:

1. another interim order is made that cancels or changes the earlier interim order;
2. the court proceeding has ended with a trial and a judge's final order that wraps up all the legal issues, including the issues addressed in any interim orders; or,
3. the court proceeding has ended with a settlement that addresses and resolves all of the issues that would normally be wrapped up by a trial.

Interim orders can be very useful in establishing basic ground rules between separated people, and although these rules can be established fairly quickly, they are not intended to be permanent. In M.(D.R.) v M.(R.B.), a 2006 case of the Supreme Court of British Columbia, the judge described interim orders saying:

"Interim orders are only intended to be short-term, and their purpose is to bridge the gap between the time that a court action is started, and when the court can fully consider the issues raised and make a decision on the merits.

"Interim proceedings are summary in their nature and provide a rough justice at best. Interim proceedings cannot be bogged down and traditionally have never been bogged down with the merits of the [underlying] case."

In other words, interim orders are mean to tide people over until the court proceeding they're involved with is done. But these applications aren't heard with the benefit of the full evidence available at trial — and can't be heard with the full evidence available at trial — and the results they provide are sometimes crude and imperfect. If you need an interim order, make your application. But be prepared to accept what you get.

Interim orders are available under the rules of court, the Divorce Act, and the Family Law Act. Interim orders under the Divorce Act concern child support, spousal support, and children's parenting arrangements. Interim orders under the Family Law Act concern these subjects as well as orders about the protection of people, orders about the protection and use of property, and orders about the behaviour of the parties to a court proceeding.

The potential purposes of interim applications

Interim applications are particularly common in family law proceedings, sometimes because someone's behaviour is out of control, sometimes because decisions need to be made about where the children will live, sometimes to get some financial support flowing, and sometimes to move a court proceeding toward trial. Interim orders are good for getting a routine in place, usually about the kids and support, and setting up some rules about the relationship between the parties.

• What should the children's parenting schedule look like?
• How will parents make decisions for the children?
• Should child support be paid and, if so, how much should be paid? Do the children have any special expenses that need to be covered?
• Should spousal support be paid and, if so, how much should be paid and by whom?
• Who should be able to live in the family home?
• Who should be responsible for paying debts or the expenses that are necessary to maintain the family home pending trial?
• Should family property and other property be frozen until it is divided by a final order or agreement?
• Is a personal protection order necessary?

Interim orders that are designed to govern the relationship between the parties often come in the form of restraining orders, protection orders, and conduct orders.

Restraining orders are orders that require someone to not do a specific thing, such as orders that someone:

• not dispose of property,
• not rack up debt,
• not talk to the children about the issues in the court proceeding,
• not make negative comments to the children about the other parent, or
• not go to a particular place.

Protection orders are designed to protect family members and are enforced by police. (A "family member" is a person's spouse, a parent or guardian of a person's child, someone a person lives with, and a person's child.) They're a kind of restraining order and also require someone to not do a specific thing. They include orders that someone:

• not communicate with the family member,
• not go to a place where the family member lives, goes to school, or works,
• not possess weapons, or
• not stalk or harass the family member.

Conduct orders are designed to manage the behaviour of someone who is a party to a court proceeding. Some conduct orders look an awful lot like restraining orders, like conduct orders restricting how the parties communicate with each other. Conduct orders are available under Division 5 of Part 10 of the Family Law Act and include orders that:

• one or more parties must participate in another dispute resolution process, or take a specific service or program like a parenting after separation course,
• the court proceeding be delayed while the parties try to resolve their dispute out of court,
• a party or a child must go to counselling, or
• a party must pay certain expenses related to the family home, like the mortgage or property insurance, or not terminate the utility services for the home.

Other types of interim order deal with procedural questions about the management of the court proceeding, rather than with the relationship between the parties and their children. These orders can be useful to:

• set deadlines for the exchange of financial documents, such as bank statements and tax returns, documents relating to the children, like report cards and education assessments, or court documents like Financial Statements, Lists of Documents and Interrogatories,
• authorize the preparation of a views of the child report or a parenting assessment,
• fix dates for conferences, like a trial management conferences or a settlement conferences; and,
• set the dates for the trial of the court proceeding.

Pretty much anything can be dealt with at an interim application except for orders that are final in nature, like an order for the parties' divorce or an order dividing family property and family debt. The one thing all interim orders have in common is that they are only temporary and will expire the moment the case is settled or the judge's decision is handed down following a trial.

Interim applications in a nutshell

The process for making or defending an interim application in the BC Supreme Court works more or less like this:

• The person making the application, the applicant, prepares a Notice of Application and the evidence they intend to rely on, then serves those materials on the other parties and anyone else who may be affected by the orders sought. The Notice of Application is not filed at this stage.
• The application respondent serves an Application Response and any evidence they intend to rely on within the time allowed by the rules. The application respondent does not file these materials at this stage.
• The applicant may serve reply affidavits that address new issues raised by the application respondent.
• After each person required to receive the application materials has served an Application Response, or their time to do so has expired, the applicant can set the application down for a hearing. The applicant files a Notice of Hearing of Application in Form F31.1 and the application materials, then serves the filed notice on each application respondent.
• After the Notice of Hearing of Application has been filed, each application respondent files their Application Response and any evidence not already filed, before the hearing begins.
• At the hearing, the applicant explains why the court should make the orders requested, the application respondent explains their position, and the judge or associate judge decides the application. The court may give its decision at the hearing or later in writing.

The rules set out the documents, service requirements, filing steps, and deadlines for each stage. It is very important to understand how these rules work.

The BC Supreme Court process for interim applications

Interim applications are only brought after a court proceeding has started. The purpose of these applications is usually to provide a legal structure to the parties' relationship with each other and with their children, or to take a step necessary to move the court proceeding closer to trial. A typical interim application might be made to establish how the parties will share parental responsibilities or parenting time with the children, to arrange for the payment of spousal support or child support on an interim basis, to freeze the family property, or for the payment of family debt, like a mortgage for example.

The main Supreme Court Family Rules about the interim application process are:

• Rule 1-1: Definitions
• Rule 5-1: Financial disclosure
• Rule 6-2: Ordinary service
• Rule 7-1: Judicial case conferences
• Part 10: Interim applications and chambers procedure
• Rule 10-2: Where applications are heard
• Rule 10-3: Chambers procedure
• Rule 10-4: Affidavits
• Rule 10-6: Normal application process
• Rule 10-9: Urgent applications
• Rule 15-1: Court orders
• Rule 16-1: Costs
• Rule 21-2: Time

For a summary of the application process, see How Do I Make an Interim Application in a Family Law Matter in the Supreme Court? in the Helpful Guides & Common Questions part of this resource. Links to and examples of the court forms used in the process can be found in Supreme Court Forms & Examples.

When an application can be brought

The usual rule is that interim applications can only be brought to the court after the respondent has had a chance to file their Response to Family Claim and a judicial case conference has been held. However, exceptions are allowed and applications can be brought earlier than this — sometimes on the same day that the court proceeding is started! — when there is a very urgent problem that needs to be resolved immediately. This might be the case if a parent is threatening to leave the country with the children or family violence is present.

Rule 7-1(3) of the Supreme Court Family Rules sets out the exceptions to the requirement that a judicial case conference is held before any applications can be brought:

1. when an application is being made for an order restraining either or both parties from disposing of family property;
2. when the order will be made with the agreement of both parties, called a consent order; or,
3. when the application is being made without notice being given to the other side, sometimes called an ex parte application.

If you must bring an application before the judicial case conference but your application doesn't fit into one of the exceptions described in Rule 7-1(3), you must ask the court for permission to have your application heard before the judicial case conference under Rule 7-1(4). To ask for permission, you must file a Requisition in Form F18.1 with a signed letter explaining why your application should be heard before the judicial case conference. Once the first judicial case conference has been held, interim applications can usually be made at any time.

Judicial case conferences are discussed in more detail in the Case Conferences section of this chapter.

Making an application

To start an interim application under Rule 10-6, the applicant must prepare a Notice of Application in Form F31 and the affidavits or other evidence they intend to rely on at the hearing. The applicant must serve an unfiled copy of the Notice of Application and any evidence that has not already been served on each party and on every other person who may be affected by the orders sought. Depending on the application, additional materials may also have to be served, such as a filed agreement, parenting coordinator determination, or arbitration award. If the applicant seeks an order appointing a guardian, the Form F101 affidavit must also be served with the application materials and filed with the court when the applicant later sets the hearing.

The applicant must serve these materials before setting the application down for a hearing. The applicant cannot set the hearing until each person required to receive the materials has served an Application Response, or the time for that person to serve one has expired.

Most application materials can be served by ordinary service under Rule 6-2. However, Rule 10-6(2.1) requires personal service of the application materials for certain applications, including applications to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; to change, suspend, or terminate an arbitration award; for contempt; or for an order that a person be imprisoned. Check the rules to see whether personal service is required for your application.

Making an application without notice

Applications are sometimes made without letting the other side know about the application, called an ex parte application or a without notice application. This is very unusual and is usually reserved for extreme circumstances in which:

1. you can't find the application respondent to let them know about the application;
2. the problem is very urgent and there isn't enough time to let the application respondent know about, or respond to, the application; or,
3. you are afraid that the application respondent will harm someone or something if they find out about the application you're making.

Even if you go to court and get an order without giving notice to the other party, you will need to serve the order along with the Notice of Application and supporting documents on the other party after the order has been made. The other side is always entitled to know about any orders that have been made and why they have been made. It's also important to know that if the party disagrees with an order that was made ex parte, they are entitled to make their own application to the court to have the order set aside.

The Notice of Application

The Notice of Application describes:

1. the orders and declarations you are asking for, called the relief you're asking for;
2. the facts supporting the application;
3. the legal grounds on which the application is made, meaning the specific rules of the Supreme Court Family Rules, the specific sections of any legislation, or the names of any case law that you are relying on in support of your application;
4. the affidavits or other evidence you are relying on in support of your application;
5. the amount of time you think the application will take for the hearing; and,
6. if you wish, a proposed date and time for the hearing.

The form you must use is Form F31, which you can download in an editable format in the Supreme Court Forms & Examples part of this resource. Form F31 allows the applicant to propose a hearing date and time, but the hearing is set later by filing a Notice of Hearing of Application in Form F31.1. Filing fees are set out in Appendix C of the Supreme Court Family Rules; check the current fee schedule or ask the court registry about the fees that apply.

Supporting affidavits

An affidavit is a written summary of the facts and information that are relevant to an application, given under oath or affirmation.

The affidavits served with the Notice of Application should describe the important facts that relate to the relief sought in the application. Where possible, if a party has documents that support statements in an affidavit (such as the level of the party's income or financial transactions through a bank), those documents should be attached as exhibits to the affidavit. These affidavits may be brand new or they may have been prepared earlier in the proceeding for a previous application. The form you must use is Form F30, which you can download in an editable format in the Supreme Court Forms & Examples part of this resource.

The process for drafting affidavits and the rules about the content of affidavits are discussed in How Do I Prepare an Affidavit?. It's located in the Helpful Guides & Common Questions part of this resource.

Defending an application

You must respond to an interim application if you disagree with any of the orders the applicant is asking for. If you agree with all of the orders sought by the applicant, you don't need to do a thing. For a summary of this process, see How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?. It's located in the Helpful Guides & Common Questions part of this resource.

To respond to an interim application, prepare an Application Response in Form F32 and any affidavits or other evidence you intend to rely on. You must serve these materials on the applicant and every other party within the time allowed by Rule 10-6. You do not file them at this stage. After the applicant files a Notice of Hearing of Application in Form F31.1, you must file your Application Response and any evidence that has not already been filed, before the hearing begins. The timelines for these steps are set out below.

You must serve your documents on the applicant by ordinary service. You can do this by sending them to the applicant's current address for service, which will usually be set out in their Notice of Family Claim or Response to Family Claim. How to serve documents is discussed in How Do I Personally Serve Someone with Legal Documents?, in the Helpful Guides & Common Questions part of this resource.

Making a cross-application

After being served with a Notice of Application, you may start an application of your own for interim orders. The court will not make orders that neither party has asked for. If you want the court to make other orders, you must prepare and serve your own Notice of Application and supporting evidence, and follow the application process and deadlines. If you want both applications heard together, consider the timing and hearing arrangements before serving your application.

You can make this application, called a cross-application, by Notice of Application, the same form used by the applicant. Depending on the circumstances and the timing of the cross-application, people will often agree to have the two applications heard at the same time.

The Application Response

The Application Response describes:

1. the orders and declarations that the applicant is asking for that you agree with;
2. the orders and declarations you oppose;
3. the orders and declarations that you neither agree with nor oppose;
4. the facts supporting your position;
5. the legal grounds on which you oppose any orders or declarations, meaning the specific rules of the Supreme Court Family Rules, the specific sections of any legislation, or the names of any case law that you're relying on in opposing the application;
6. the affidavits or other evidence that you're relying on in opposing the application;
7. the amount of time you think it will take for the application to be heard; and,
8. whether you agree with any date and time the applicant proposed for the hearing, if they proposed one.

The form you must use is Form F32, which you can download in an editable format in the Supreme Court Forms & Examples part of this resource. There is no fee to file an application response.

Supporting affidavits

An affidavit is a written summary of the facts and information that are relevant to an application, and an application respondent's opposition to an application, given under oath or affirmation.

The affidavits served with the Application Response should describe the important facts that explain why the application is opposed. These affidavits may be brand new or they may have been prepared for a previous application in the family law proceeding. The form you must use is Form F30, which you can download in an editable format in the Supreme Court Forms & Examples part of this resource.

The process for drafting affidavits and the rules about the content of affidavits are discussed in How Do I Prepare an Affidavit?. It's located in the Helpful Guides & Common Questions part of this resource.

Replying to the Application Response

The applicant may serve reply affidavits that respond to new issues raised in the Application Response or the application respondent's evidence. A reply affidavit is not an opportunity to discuss matters that should have been included in the evidence served with the Notice of Application.

The applicant must serve any reply affidavits on each application respondent within 3 business days after the application respondent serves their materials. For an application under Rule 11-3, or an application to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, the applicant has 5 business days after service.

The applicant must file the original of each reply affidavit by 4:00 pm on the business day that is 2 business days before the hearing. The service deadline and the filing deadline are separate requirements, so serve reply evidence early enough to meet the filing deadline as well.

The rules do not give the application respondent a right to serve a further affidavit replying to the applicant's reply affidavit. Do not assume, however, that the court will refuse to let the application respondent provide further evidence or make submissions about it.

Time estimates

Time estimates are important because they affect how an application is scheduled.

If an application is estimated to take more than two hours, a registrar must fix the date and time of the hearing. For an application estimated to take two hours or less, the hearing must be set for 9:45 am on a day when the court hears applications, unless the court or a registrar fixes another date or time.

When estimating the hearing time, consider how long each party will need to explain their position and answer questions from the judge or associate judge. Give a realistic estimate. An application may not be heard that day if there is not enough time.

The Application Record

The applicant must prepare an Application Record for the hearing. An Application Record is a binder with an index and the documents the judge or associate judge will need. When both parties have applications scheduled to be heard on the same day, they are required to cooperate and prepare a joint Application Record.

The applicant must file the Application Record, an extra copy of the Notice of Application, and the other required materials no earlier than 9:00 am on the business day that is 5 business days before the hearing, and no later than 4:00 pm on the business day that is 2 business days before the hearing. The applicant must serve a copy of the index on the application respondent at least 2 business days before the hearing. The timelines for these steps are discussed below in more detail.

If you file your record after the deadline of 4:00 pm on the day that is two business days before the hearing date, the registry may not put your application on the list for the hearing date. This can be a bit challenging, because I've seen some pretty long lineups at the registry counter at 3:45 pm, and I suggest you give yourself plenty of time to file your Application Record and get to the registry early.

Rule 10-6 allows an applicant in some circumstances to apply for permission to file a late Application Record or to reinstate an application to the hearing list. See Rules 10-6(14.3) and (14.4). If you may miss the filing deadline, check the rules and contact the court registry promptly.

Under Rule 10-6(14)(a), the materials in the Application Record need to be in a "secure binding," which typically means that they are assembled in a three-ring binder, although any other kind of secure binding will do. (I once saw an Application Record that was "securely bound" by a couple of hex bolts that had been run through the left-hand margin!) Under Rule 10-6(14)(b), the Application Record must include the following, separated by tabs:

1. a cover page in Form F32.2;
2. the index to the Application Record;
3. the Notice of Application — Tab 1;
4. every Application Response that has been served on the applicant — Tab 2; and,
5. the filed pleadings and filed affidavits or other evidence that will be relied on at the hearing, together with any affidavits or other evidence served on the applicant by an application respondent. Put each item behind a separate tab — Tab 3, Tab 4, and so on.

(A "tab" is a piece of heavier paper with a little rectangular bit that sticks out on the right-hand side with a number written on it. They might be called tab dividers or index dividers, and are sold by stores like Staples and Office Depot. Legal supply stores sell tabs that are numbered from 1 to 200. Here's a picture of what we're talking about:

Application Record tabs

Application Record tabs

Avery sells a table of contents divider that goes from 1 to 8; Sparco sells index dividers that go from 1 to 31.)

After these documents, Rule 10-6(14)(c) says that Application Records can also include things like written arguments, a list of the cases the applicant will be relying on, and a draft of the order sought. Under Rule 10-6(14)(d), certain things are cannot be included in the Application Record:

1. affidavits of service;
2. copies of legislation, cases and articles; and,
3. documents other than those Rule 10-6(14)(b) and (c) unless they're included with everyone's agreement.

The cover page to the Application Record should include:

1. the court file number, court registry, and the names of the parties, the way these appear at the top of all other court documents;
2. the title of the document, usually just "Application Record";
3. the claimant's address for delivery, telephone number, fax number, if any, and email;
4. the respondent's address for delivery, telephone number, fax number, and email; and,
5. the name of the party filing the Application Record, and the place, date, and time of the hearing, and the time estimate for the hearing.

The Family Law in BC website provides a helpful application record cover page template.

The hearing

On the date set for hearing, show up at court at the appointed time. It's especially important for the application respondent to show up, because if they don't the court may carry on and hear the application in absence of the application respondent and make the orders requested by the applicant.

Interim applications are heard in courtrooms referred to as chambers, because a long time ago these applications were heard in the judge's personal office, called the judge's "chambers." The chambers courtroom will open at 9:45 am. Everyone who is going to be heard that day will form a line up to the front of the courtroom and check in with the court clerk, identifying themselves by their names and their number on the chambers list. The chambers list will be posted somewhere outside the courtroom, and another copy will usually be available in the courtroom. All the applications that are going to be heard that day are listed on this list, but in no particular order. Limited parts of the chambers lists are posted online for that day only on Court Services Online under the heading "Supreme Chamber List."

The hearing is normally set for 9:45 am. Check the Notice of Hearing of Application and any instructions from the court registry for the time and place of your hearing.

When each case is called by the court clerk, the parties walk up to the front of the court and identify themselves to the master or judge. For example, "I am Uphar Singh, and this is my application" or "I am Lucy Chiu, and I am responding to the application." A discussion of courtroom etiquette and protocol is available in the Helpful Guides & Common Questions part of this resource under How Do I Conduct Myself in Court at an Application?

The applicant will address the master or judge first and present their case. The applicant will usually explain:

1. the orders they are asking the mater or judge to make;
2. why the judge can make the orders the applicant is asking for, usually by talking about the Rule of Court or the section of the legislation that lets the master or judge make the orders; and,
3. the facts stated in the affidavits filed with the application that explain why the application has been made and why the master or judge should make the orders asked for.

The application respondent will then present their side of the case and explain:

1. which orders the application respondent agrees to and which orders the application respondent might agree to on conditions;
2. which orders the application respondent opposes; and,
3. the facts stated in the affidavits filed with the application that explain why the master or judge shouldn't make the orders the applicant is asking for.

The applicant will then have a chance to briefly answer the application respondent's argument. The application respondent may have the opportunity to address the applicant's answer, but not every master or judge will permit this. As well, the master or judge may ask the applicant and application respondent questions during their presentations to clarify things.

After the master or judge has heard everyone's arguments, the master or judge will give their decision. Sometimes the master or judge will ask the parties to come back later for the decision. This called a reserved decision and can take days, weeks, or even months to be provided by the master or judge.

After the hearing

It is usually the job of the applicant's lawyer to turn whatever the master or judge has decided into a written order. If the applicant doesn't have a lawyer, the lawyer for the application respondent will take care of it. If neither party has a lawyer, a court clerk will usually prepare and "enter" the order.

The registry staff will enter the order in the court's book of orders by checking the draft order prepared by the lawyer against the notes the court clerk made during the hearing. Assuming the registry approves of the form of the draft order and it matches the clerk's notes, the order will be signed and stamped by the registry and added to the book of orders.

It is important to know that although the entered, stamped order is the "official" order of the court, the order takes effect, and is binding on all of the parties, from the moment the master or judge makes the order. Each party must start behaving according to the terms of the order right away, whether it takes a day or a month to enter the order.

Timelines

Rule 10-6 sets different deadlines for serving application materials, setting the hearing, and filing materials with the court. The deadlines depend on the type of application. In this section, “days” means calendar days; “business days” excludes Saturdays, Sundays, and holidays.

Serving the Application Response

The application respondent must serve the Application Response and supporting evidence within the applicable period after receiving the application materials:

• For most applications, within five business days.
• For a summary trial application under Rule 11-3, within 21 days.
• For an application to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, within 14 days.

The application respondent serves these materials on the applicant and every other party. They are filed later, after the Notice of Hearing of Application has been filed and before the hearing begins.

Setting the hearing

The applicant cannot set the application down for hearing until the applicant has served the application materials and each person required to receive them has either served an Application Response or had their time to do so expire.

The applicant sets the application down by filing a Notice of Hearing of Application in Form F31.1, the Notice of Application that was served, and any other required application materials that have not already been filed. The applicant must then serve a copy of the filed Form F31.1 on each application respondent:

• For most applications, at least four business days before the hearing.
• For applications to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, at least seven days before the hearing.
• If the application is estimated to take more than two hours, within seven days after the registrar fixes the hearing date and time, and at least 14 days before the hearing.

If an application is estimated to take more than two hours, a registrar fixes its hearing date and time. Other applications are normally set for 9:45 am on a day when the court hears applications, unless the court or a registrar fixes another date or time.

Replying to the Application Response

If the applicant wishes to reply to the application respondent's materials, the applicant must serve any reply affidavits within the applicable period after those materials are served:

• For most applications, within three business days.
• For a summary trial application, or an application to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, within five business days.

The applicant must file the original of each reply affidavit by 4:00 pm on the business day that is 2 business days before the hearing.

Application records

The applicant must file the Application Record and an extra copy of the Notice of Application, and serve the index of the Application Record on the application respondent:

• No earlier than 9:00 am on the business day that is 5 business days before the hearing, and no later than 4:00 pm on the business day that is 2 business days before the hearing.

Filing by the application respondent

After the Notice of Hearing of Application has been filed, each application respondent must file their served Application Response, the original of any affidavit not already filed, and any other materials not already filed. This must be done before the hearing begins. The application respondent must bring copies of the filed materials to the hearing.

A comment about courtesy

The application respondent has an opportunity to say in the Application Response whether they agree with a date and time proposed by the applicant. For an application estimated to take two hours or less, the hearing is normally set for 9:45 am on a day when the court hears applications. For an application estimated to take more than two hours, a registrar fixes the hearing date and time. It is still courteous to discuss scheduling with the other party where possible and to consider any scheduling concern raised in their response.

If the application respondent is successful in getting the adjournment, which will usually be the case if you've been unreasonable or the application respondent has a genuinely good reason for needing the adjournment, you'll have wasted all the time and anxiety you spent preparing for the application, only to have to take another day off work and do it all again at some point in the future.

It can be tough to call your ex — or their lawyer — to negotiate a hearing date, especially since you're likely fairly annoyed at having to make your application in the first place. However, if the subject of the application is important enough for you to pay the fee and jump through all the hoops, it's got to be important enough that you'll want to avoid delays and adjournment applications. If you can make the call, try to reach an agreement on the date of the hearing. You may also be able to reach agreement on adjusting the date when you'll have the application materials to the application respondent and the date the application respondent will get their reply materials to you, but don't expect that. Setting deadlines for things like this is why the rules exist in the first place.

Common interim applications

In this part of this section, we'll review some of the basic facts that you'll usually need to prove for some of the most common interim applications in family law court proceedings. This is only a rough guide; the particular facts that are important will change from case to case, and you'll need to exercise your judgment about what those facts are.

It might help to look at some of the common terms that are included in orders. Check out Supreme Court Orders.

Parenting children

When making the first application about parenting arrangements and contact under the Family Law Act or the Divorce Act, important facts usually include:

1. the children's names, birth dates, and ages;
2. where the children go to school and what grades they're in;
3. any important health or educational concerns;
4. the occupation of each parent;
5. each parent's usual work schedule;
6. how the parents shared responsibility for parenting the children while they were together;
7. who was responsible for arranging things like visits to the doctor and dentist;
8. who was responsible for looking after school issues, like parent-teacher meetings and making sure homework was done;
9. how the parents have shared the parenting of the children since they separated;
10. the quality of the parents' ability to talk to each other and cooperatively make decisions about the children after separation;
11. a description of any actual problems with a parent's capacity to care for the children;
12. any history of family violence, before and after separation;
13. the other caregivers or support at or near a parent's home; and,
14. the extracurricular activities the children are involved in, if that's important for scheduling parenting time or contact.

Changing orders about parenting children

If the application is to change an order about the care of the children, the important facts will also include any facts that address the two-part legal test that must be met to change an order, namely What change in the child's needs or circumstances has happened since the original order was made? and How has this change affected the best interests of the child? Other important facts might include:

1. how the original order has worked out;
2. if the parents followed the terms of the order; and,
3. if the order met the children's needs, and, if not, why not.

Changing agreements about parenting children

If the application is to set aside an agreement about the care of the children, important facts will include the facts that address the legal test that must be met to set aside an agreement, namely Why is the agreement no longer in the best interests of the children? Other important facts might include:

1. how the agreement has worked out;
2. if the parents followed the terms of the agreement; and,
3. if the agreement met the children's needs and, if not, why not.

Child support

The facts that important in most applications for child support include:

1. the children's names, birth dates, and ages;
2. how the children's time is divided between the parents;
3. whether some or all of the children are stepchildren to the person who is to pay child support;
4. whether some or all of the children are receiving child support from another parent;
5. the nature of each parent's employment;
6. each parent's income from their employment and any other source; and,
7. whether the children have special or extraordinary expenses, the cost of those expenses, and whether there are any tax credits, subsidies or bursaries that reduce the actual cost of those expenses.

Basic financial information

Applications about child support typically require that each parent cough up certain documents in order to establish their income, in addition to a sworn Financial Statement. The Legal Aid BC's Family Law website's information page "Legal forms & documents" has more information in the section "Filling out court forms." The most common income documents for people who are employees are:

1. the last three years of the person's personal income tax returns;
2. all notices of assessment or reassessment received in relation to the last three tax years; and,
3. a recent paystub showing the person's earnings-to-date or a letter from their employer confirming their income.

People who have income from EI, WCB, CPP, or social assistance, will also have to produce their three most recent statements or cheque stubs from their payments.

People who are self-employed in an unincorporated business will also have to produce:

1. statements of their professional or business income;
2. a statement showing a breakdown of all payments to non-arm's-length parties like children or new spouses; and,
3. balance sheets, if available.

People who are self-employed by an incorporated business will also have to produce:

1. corporate financial statements for the three most recent fiscal years;
2. corporate tax returns for the three most recent fiscal years; and,
3. a statement showing a breakdown of all payments to non-arm's-length parties like children or new spouses.

Changing orders about child support

If the application is to change the amount of child support being paid under a court order, important facts will include the facts that address the threshold legal tests for changing child support, namely Has there been a change that would cause a different amount of support to be paid under the Child Support Guidelines?, usually a change in someone's income, and Has there been a change in the needs and circumstances of the child? Other facts that might support a change in the amount of child support include:

1. whether you've discovered new information about someone's income, or their ability to earn income, since the order was made; and,
2. whether you've discovered proof that someone's financial disclosure was incorrect, inadequate or misleading since the order was made.

Other important facts usually include:

1. each person's present income;
2. the children's current ages, and any other facts that are relevant to the children's continuing entitlement to receive child support; and,
3. updated information concerning the children's special or extraordinary expenses and the cost of those expenses.

Changing agreements about child support

If the application is to set aside an agreement about child support, important facts will include the facts that address the legal test that must be met to set aside an agreement, namely Why should the court make a different order than what was agreed to? and What amount of support should the court order?

Spousal support

When making the first application for spousal support, important facts will include information about things like:

1. the date the parties began to live together and the date they married, if they got married;
2. the date of separation;
3. the parties' ages, including the recipient's age at the date of separation;
4. each party's present health;
5. any factors limiting a party's ability to obtain employment;
6. the parties' present employment circumstances;
7. the parties' employment history during their relationship, including any significant periods of unemployment;
8. each party's present income and the sources of that income;
9. a description of each party's living expenses after separation;
10. any career sacrifices made during the relationship, including any promotions, raises, or educational opportunities foregone by the party;
11. any moves during the parties' relationship that impacted either or both parties' employment prospects;
12. the parties' education and training history, prior to and during the relationship;
13. contributions by one party to the other party's career during the relationship;
14. a description of any education and training taken after separation, especially any education geared to finding employment;
15. the ages and school status of the children at the date of separation; and,
16. the arrangements that have been made for the parenting of the children.

Basic financial information

All applications about spousal support typically require that each spouse cough up certain documents to prove their income, in addition to a sworn Financial Statement. See the Legal Services Society's Family Law website's information page "Legal forms & documents" and the section "Filling out court forms" for more information. The most common income-related documents for people who are employees are:

1. the last three years of the person's personal income tax returns;
2. all notices of assessment or reassessment received in relation to the last three tax years; and,
3. a recent paystub showing the person's earnings-to-date or a letter from their employer confirming their income.

People who have income from EI, WCB, CPP, or social assistance, will also have to produce their three most recent statements or cheque stubs from their payments.

People who are self-employed in an unincorporated business will also have to produce:

1. statements of their professional or business income;
2. a statement showing a breakdown of all payments to non-arm's-length parties like children or new spouses; and,
3. balance sheets, if available.

People who are self-employed by an incorporated business will also have to produce:

1. corporate financial statements for the three most recent fiscal years;
2. corporate tax returns for the three most recent fiscal years; and,
3. a statement showing a breakdown of all payments to non-arm's-length parties like children or new spouses.

Changing orders about spousal support

If the application is to change an order about spousal support, important facts will include those necessary to address the threshold legal tests for changing an order for spousal support. Has there been a change in the means or needs of either spouse since the last order was made? Other facts that might support a change in the amount of child support include:

1. whether you've discovered new information about someone's income, or their ability to earn income, since the order was made; and,
2. whether you've discovered proof that someone's financial disclosure was incorrect, inadequate or misleading since the order was made.

Other important facts usually include:

1. the terms of the initial order (include a copy of the initial order as an exhibit!);
2. each party's present income;
3. each party's income and other financial circumstances at the time of the initial order;
4. the steps the recipient has taken to become financially self-sufficient;
5. the education or training taken by the recipient since the order was made;
6. any employment taken by the recipient since the order or agreement was made;
7. any changes in the employment circumstances of the payor;
8. whether the recipient has remarried or is in a new unmarried spousal relationship; and,
9. whether the payor has acquired new family support obligations since the order was made.

Changing agreements about spousal support

If the application is to set aside an agreement about spousal support, important facts will include the facts necessary to address the two threshold legal tests to set aside an agreement. Under the first test, you could include facts that might show that there were problems when the agreement was negotiated because:

1. a party failed to disclose relevant income, property, or debt;
2. one party took advantage of the other party's vulnerability or ignorance;
3. a party didn't understand the nature of the agreement;
4. the agreement is unconscionable, meaning grossly unfair; or,
5. a party did not sign the agreement voluntarily.

Under the second test, which you might use if you can't show that there were problems when the agreement was negotiated, you could include facts that show the agreement is significantly unfair and talk about:

1. how long it's been since the agreement was signed;
2. any changes in the needs or circumstances of either party;
3. whether parties' intended to have a final deal when the agreement was signed;
4. how important the agreement was to each party in planning their lives and arranging their affairs; and,
5. how closely the agreement meets the objectives that the court considers when it makes an order for spousal support.

Personal protection orders

The court can make a variety of orders where there is, or has been, a history of family violence and someone is in need of protection. These orders are called "protection orders," and are available under Part 9 of the Family Law Act. More information about family violence can be found in the chapter on Family Violence.

The terms of a particular protection order will change depending on the circumstances and the sort of terms that make the most sense. The protection orders that are available are listed in section 183(3) and include:

1. orders prohibiting or limiting contact with the at-risk family member;
2. orders prohibiting a person from attending, nearing, or entering a place regularly attended by the at-risk family member, including the residence, property, business, school, or place of employment of the at-risk family member, even if the person owns the place, or has a right to possess the place;
3. orders prohibiting a party from following the at-risk family member;
4. orders prohibiting the possession of a weapon, firearm, or a specified object;
5. orders prohibiting the possession of a licence, registration certificate, authorization, or other document relating to a weapon or firearm; and,
6. orders directing police officers to remove the family member from the residence immediately or within a specified period of time, or to accompany the family member, the at-risk family member, or a specified person to the residence within a specified period of time as well as to supervise the removal of personal belongings.

When making an application for a protection order under the Family Law Act, important facts will usually include:

1. the date when you began living together, the date of marriage, if you got married, and the date you separated;
2. the names, birth dates, and ages of your children, if you have any children;
3. the ages and occupations of each party;
4. the history of any family violence, which could include
   1. a description of the dynamics of the parties' relationship, including whether it has stayed the same or changed over time,
   2. a description of any physical, sexual, psychological, or emotional abuse or any other coercive or controlling behaviours, as well as a description of the specific harm someone suffered, and
   3. a description of any destruction to property;
5. any factors which have caused a party to be isolated in the relationship;
6. any factors which make a party more vulnerable, such as substance abuse, financial dependence, mental health problems, physical health problems, pregnancy, and the other party's access to weapons;
7. any concerns about the children having seen or otherwise been exposed to family violence, and how the children reacted;
8. why a party continues to feel afraid of or intimidated by the other party;
9. if applicable, the location that the other party should be prevented from going to, like a party's home, place of employment, school, and so on; and,
10. if available, copies of things like
    1. photographs of any injuries or damage to property caused by the other party,
    2. harassing emails or texts sent by the other party, and
    3. evidence from other people who have witnessed or overheard the abusive or controlling behaviours of the other party.

Property protection orders

The court can also make orders intended to protect property from being damaged, sold, hidden, or used as collateral for a loan. More information about these orders can be found in the section Protecting Property and Debt, in the chapter, Property and Debt.

When making an application for an order restraining the other party from damaging property, selling property, transferring property, using property as collateral for loan, or otherwise dealing with property you have an interest in, important facts will usually include:

1. the date when you began living together, your date of marriage, if you got married, and the date you separated;
2. the names, birth dates, and ages of your children, if any;
3. the ages and occupation of each party;
4. any reasons you are financially vulnerable in the relationship, including if you are financially dependent on the other party or have little knowledge about the family's property and debt situation;
5. a description of the family's financial circumstances, including a list of the property and debts you know about; and,
6. a description of the reasons you are concerned about the other damaging property, selling property, transferring property, using property as collateral for loan, or otherwise dealing with property you have an interest in.

Resources and links

Legislation

• Family Law Act
• Divorce Act
• Supreme Court Act
• Supreme Court Family Rules
• Court Rules Act

Resources

• People's Law School:Applying for an Interim Order in a Family Law Case in Supreme Court]
• Supreme Court Information Packages

Links

• Supreme Court Family Practice Directions
• Supreme Court Administrative Notices
• Supreme Court Trial Scheduling
• Supreme Court Chambers Lists

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Nate Russell, 1 October 2026.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

(1) A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched, and reviewed, or (2) a courthouse.

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

An application, also called an "interlocutory application," made after the start of a court proceeding but before its conclusion, usually for temporary relief pending the final resolution of the proceeding at trial or by settlement. In family law, interim applications are useful to determine issues like where the children will live, who will pay child support, and whether spousal support should be paid on a rough and ready basis. See "application" and "interim order."

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

Any order made prior to the final resolution of a court proceeding by trial or by settlement; a temporary, rather than permanent or final, order. See "application" and "interim application."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

The mandatory guidelines governing the court process and the conduct of litigation generally. Each court has its own rules of court.

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

Something which can be owned. See "chattels" and "real property."

In family law, the dwelling occupied by a family as their primary residence. See "family property" and "real property."

A term under the Family Law Act referring to property acquired by either or both spouses during their relationship, as well as after separation if bought with family property. Both spouses are presumed to be entitled to share equally in any family property. See "excluded property."

An order available under the Family Law Act for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting, or stalking a person, as well as orders restraining someone from going to a person's home, place of employment, or school. See "application," "ex parte" and "restraining order."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

In family law, the natural or adoptive father or mother of a child; may also include stepparents, depending on the circumstances and the applicable legislation; may include the donors of eggs or sperm and surrogate mothers, depending on the circumstances and the terms of any assisted reproduction agreement. See "adoptive parent," "assisted reproduction," "natural parent" and "stepparent."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

(1) A person charged with the legal care of someone under a legal disability. (2) A term under the Family Law Act referring to a person, including a parent, who is responsible for the care and upbringing of a child through the exercise of parental responsibilities. See "disability," "parental responsibilities" and "parenting time."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

An order which forbids a party from doing or not doing a thing. In family law, common restraining orders include stopping someone from travelling out of an area with the children, stopping someone from disposing of property, and stopping someone from harassing someone else. See "ex parte," "order" and "protection order."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

The conditional transfer of the title to real property by an owner to another person in return for money given by that person as a loan, while retaining possession of the property. The party to whom title is given, the "mortgagee," usually a bank, is allowed to register the title of the property in their name if the person taking the loan, the "mortgagor," fails to make the required payments. See "encumbrance" and "real property."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

A term under the Family Law Act referring to debt owed by either or both spouses that accumulated during the spouses' relationship, as well as after separation if used to maintain family property. Both spouses are presumed to be equally liable for family debt.

A party who brings an application to the court for a specific order or remedy. Usually refers to the party making an interim application, but in the Provincial Court applicant also means the person who starts a court proceeding. See also "court proceeding," "application respondent," and "interim application."

A legal document required by the Supreme Court Family Rules to bring an interim application, setting out the relief claimed by the applicant, the grounds on which that relief is claimed, and the date on which the application will be heard. See "applicant," "grounds," "interim application" and "relief."

A party against whom an interim application has been brought. See also "applicant" and "interim application."

A legal document required by the Supreme Court Family Rules to reply to a Notice of Application, which sets out the relief agreed to and opposed by the application respondent and the facts in support of that position. See "interim application."

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A provincially-appointed judicial official of the BC Supreme Court with limited jurisdiction, usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. Until January 2024, associate judges were referred to as masters. See "interim application," "judge" and "jurisdiction."

A term under the Family Law Act which describes the various rights, duties, and responsibilities exercised by guardians in the care, upbringing, and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "decision-making responsibility" and "guardian."

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

A step in a court proceeding in which each party advises the other of the documents in their possession which relate to the issues in the court proceeding and produces copies of any documents the other side requests before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.

A type of hearing in the BC Supreme Court, where a judge or an associate judge hears applications. Unlike trials, evidence is presented through affidavits instead of live witnesses, the proceedings are less formal (no one wears robes), and the result is often an interim order instead of a final order. Chambers can address procedural issues, but also interim orders dealing with parenting or support concerns, or other issues that come up before a family law trial is held.

The person against whom a claim has been brought by Notice of Family Claim. See “application” and “Notice of Family Claim."

A legal document required by the Supreme Court Family Rules in which the respondent to a court proceeding sets out their reply to the claimant's claim and the grounds for their reply. See "action," claim," "Notice of Family Claim" and "pleadings."

An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.

A lawyer or mental health professional with special training in the mediation and arbitration of family law disputes, family dynamics, and child developmental psychology who meets the training and experience requirements set out in the provincial Family Law Act Regulation. See "arbitration" and "mediation."

A dispute resolution process in which an arbitrator hears the evidence and arguments presented by the parties to a legal dispute and makes an award that resolves the dispute and is binding on the parties. The arbitration of family law disputes is governed by rules set out in Part 2, Division 4 of the Family Law Act. See "alternative dispute resolution" and "family law arbitrator."

A mandatory direction of an arbitrator, binding and enforceable upon the parties to an arbitration proceeding, made following the hearing of the arbitration trial proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to challenge or appeal the award in court. See "appeal," "arbitration," and "family law arbitrator."

A legal document in which a person provides evidence of certain facts and events in writing. The person making the affidavit, the deponent, must confirm that the statements made in the affidavit are true by oath or affirmation. Affidavits must be signed in front of a lawyer, a notary public or a commissioner for taking oaths, who takes the oath or affirmation of the deponent. Affidavits are used as evidence, just as if the person making the affidavit had made the statements as a witness at trial. See "deponent", "affirm," "oath" and "witness."

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence. See also "ordinary service," "pleadings" and "service, substituted."

In law, an order sought by a party to a court proceeding or application, usually as described in their pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief." See "action," "application" and "pleadings."

An act; a statute; a written law made by a government. See "regulations."

The law as established and developed by the decisions made in each court proceeding. See "common law."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

In law, a guarantee of the truth of a statement secured by one's faith in a god, and the prospect of torment in the afterlife in the event the promise is falsely made. People making affidavits and giving oral evidence in court will often give their evidence under oath. See "affidavit," "affirm," "perjury" and "witness."

The address at which a party to a court proceeding agrees to accept delivery of legal documents. An address for service must be a proper street address within British Columbia; additional addresses for service may include postal addresses, fax numbers, and email addresses.

A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief."

A method of calculating time under which the days for a legal deadline are counted according to the days when the court is open for business, excluding weekends and holidays. See "calendar days" and "clear days."

An officer of the court with the power to make certain decisions, including the settlement of a lawyer’s bill, a party's costs of a court proceeding, and settling the form of an order. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings. See "jurisdiction" and "pleadings."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

(1) In law, a requirement or obligation to honour and abide by something, such as a contract or order of the court. A judge's order is "binding" in the sense that it must be obeyed or a certain punishment will be imposed. (2) The principle that a higher court's decision on a point of law must be followed by a lower court. See "contempt of court" and "precedent."

(1) A preliminary version of a document, (2) an order prepared following judgment and submitted to the court for its approval, or (3) to prepare, or draw, a legal document.

In law, a document demonstrating ownership of a thing. See "ownership."

The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent."

Sending legal documents to a party at that party's "address for service," usually by mail, fax, or email, called "ordinary service" in proceedings before the Supreme Court. Certain documents, like a Notice of Family Claim, must be served on the other party by personal service. Most other documents may be served by ordinary service. See also "address for service" and "personal service."

In law, the directions given by a client to their lawyer about either the conduct of their affairs or a court proceeding.

Since January 2024, these provincially-appointed judicial officials of the BC Supreme Court are now called associate judges. They serve a similar role as justices of the BC Supreme Court, but have limited jurisdiction. Associate judges are usually charged with making interim decisions before final judgment in a court proceeding, and certain decisions after final judgment, including the assessment of lawyers' bills and the settling of bills of cost. See "interim application," "judge" and "jurisdiction."

In law, an attempt to persuade by logical reasoning. Usually refers to oral or written argument presented to a judge or arbitrator following the presentation of evidence, or to a written summary of argument.

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A method of calculating time under which the days for a legal deadline are counted as they appear in the calendar, including weekends and holidays. See "business days" and "clear days."

The suspension of a hearing or trial, usually when the hearing or trial cannot proceed on the date scheduled or because it cannot complete within the time scheduled, normally until a specific date. See "sine die."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A judge's conclusions after hearing argument and considering the evidence presented at a trial or an application; a decision, the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as the judge's findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusion of law," "finding of fact" and "final judgment."

A legal document required by the rules of court in which a party to a court proceeding involving child support, spousal support, the division of property, or the division of debt must describe their income, expenses, assets, and liabilities under oath or affirmation. The Provincial Court Family Rules and the Supreme Court Family Rules each have a form called Financial Statement. See "affirm," "oath," and "perjury."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

A regulation to the federal Divorce Act, adopted by every province and territory except Quebec, that sets the amount of child support a parent or guardian must pay, usually based on the person's income and the number of children involved, and presents these amounts in tables for easy reference. See "table amount."

(1) Information which establishes or tends to establish the truth of a fact, or (2) the conclusion of a logical argument. See "evidence" and "premises."

A conclusion made by a judge which decides a point of law or a fact in dispute.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

In law, the right to have the control and use of a thing. One can have a right to the possession of a thing without owning it, as in the case of a car lease, or ownership without possession, as in the case of a landlord who rents an apartment suite. See "ownership."

A legal relationship between two persons, whether of the same or opposite genders, that is solemnized by a marriage commissioner or licenced religious official and gives rise to certain mutual rights, benefits, and obligations. See also "conjugal rights," "consortium," and "marriage, validity of."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."