Court Procedures in Family Law (3:XV) - Revision history

LSLAP at 16:50, 10 November 2025

2025-11-10T16:50:04Z

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LSLAP at 16:47, 10 November 2025

2025-11-10T16:47:18Z

LSLAP: /* n) Orders */

2025-11-10T16:41:58Z

n) Orders

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	#Orders come into effect on the day that they are made unless the judge orders otherwise. If the party in whose favour the order is made is unrepresented, a clerk must prepare the order. Otherwise, the favoured party’s lawyer will prepare the order.		#Orders come into effect on the day that they are made unless the judge orders otherwise. If the party in whose favour the order is made is unrepresented, a clerk must prepare the order. Otherwise, the favoured party’s lawyer will prepare the order.

	#If there is a dispute about the terms of an order, a party may apply to a judge to have the dispute settled. Once an order is signed and approved, it must be given to the court registry to be signed by the judge and filed with the Court. Otherwise, the order is not enforceable. At any time, a judge may correct a clerical error in an order.		#If there is a dispute about the terms of an order, a party may apply to a judge to have the dispute settled. Once an order is signed and approved, it must be given to the court registry to be signed by the judge and filed with the Court. Otherwise, the order is not enforceable. At any time, a judge may correct a clerical error in an order.

LSLAP: /* i) Witnesses */

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i) Witnesses

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	#Witnesses are summoned to the Court by subpoena. However, a subpoena is not necessary if the witness is prepared to appear in court voluntarily. If a subpoenaed witness does not appear in court, a warrant may be issued for their arrest. To require the attendance of a witness, a party must complete a subpoena in Form 23 and serve a copy of the subpoena on the witness personally at least seven days before the date the witness is required to appear.		#Witnesses are summoned to the Court by subpoena. However, a subpoena is not necessary if the witness is prepared to appear in court voluntarily. If a subpoenaed witness does not appear in court, a warrant may be issued for their arrest. To require the attendance of a witness, a party must complete a subpoena in Form 23 and serve a copy of the subpoena on the witness personally at least seven days before the date the witness is required to appear.

	#In Provincial Family Court, the person who subpoenas the witness is responsible for that witness’ reasonable estimated travel expenses.		#In Provincial Family Court, the person who subpoenas the witness is responsible for that witness’ reasonable estimated travel expenses.

LSLAP: /* o) Compliance with Provincial Court Family Rules */

2025-11-10T16:09:52Z

o) Compliance with Provincial Court Family Rules

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	==== o) Compliance with Provincial Court Family Rules ====		==== o) Compliance with Provincial Court Family Rules ====

	If any of the Provincial Court Family Rules (British Columbia) are not complied with, the judge may disregard the incorrect procedure or order, order the hearing or trial to continue as if the respondent were absent, or give any direction they think is fair. Please check the ~~Cumulative B.C. Regulations Bulletin 2023 (~~https://www.bclaws.gov.bc.ca/civix/document/id/regulationbulletin/regulationbulletin/~~2023cumulati)~~for any non-consolidated amendments to this regulation that may be in effect. The Provincial Court Family Rules replaced the Provincial Court (Family) rules in May 2021; please review the rules to ensure that you are following the updated version.		If any of the ''Provincial Court Family Rules'' (British Columbia) are not complied with, the judge may disregard the incorrect procedure or order, order the hearing or trial to continue as if the respondent were absent, or give any direction they think is fair. Please check the [https://www.bclaws.gov.bc.ca/civix/document/id/regulationbulletin/regulationbulletin/2025cumulati Cumulative B.C. Regulations Bulletin 2025] for any non-consolidated amendments to this regulation that may be in effect. ''The Provincial Court Family Rules replaced the Provincial Court (Family) rules'' in May 2021; please review the rules to ensure that you are following the updated version.


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LSLAP: /* n) Orders */

2025-11-10T16:09:03Z

n) Orders

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	==== n) Orders ====		==== n) Orders ====

	Orders come into effect on the day that they are made unless the judge orders otherwise. If the party in whose favour the order is made is unrepresented, a clerk must prepare the order. Otherwise the favoured party’s lawyer will prepare the order.		#Orders come into effect on the day that they are made unless the judge orders otherwise. If the party in whose favour the order is made is unrepresented, a clerk must prepare the order. Otherwise, the favoured party’s lawyer will prepare the order.

	If there is a dispute about the terms of an order, a party may apply to a judge to have the dispute settled. Once an order is signed and approved, it must be given to the court registry to be signed by the judge and filed with the Court. Otherwise, the order is not enforceable. At any time, a judge may correct a clerical error in an order.		#If there is a dispute about the terms of an order, a party may apply to a judge to have the dispute settled. Once an order is signed and approved, it must be given to the court registry to be signed by the judge and filed with the Court. Otherwise, the order is not enforceable. At any time, a judge may correct a clerical error in an order.

	==== o) Compliance with Provincial Court Family Rules ====		==== o) Compliance with Provincial Court Family Rules ====

LSLAP: /* m) Procedure for Enforcement of Orders */

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m) Procedure for Enforcement of Orders

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	==== m) Procedure for Enforcement of Orders ====		==== m) Procedure for Enforcement of Orders ====

	An Application Form (Form 29) and copy of the order must be filed in the registry.		An Application Form (Form 29) and copy of the order must be filed in the registry.

	==== n) Orders ====		==== n) Orders ====

LSLAP: /* l) Trial */

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l) Trial

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	==== l) Trial ====		==== l) Trial ====

	A Provincial (Family) Court trial is an adversarial proceeding. Clients are there to give the judge enough facts so that they can make a decision about the application. However, the judge often gets involved in the presentation of evidence, especially where one party is not represented by counsel.		A Provincial (Family) Court trial is an adversarial proceeding. Clients are there to give the judge enough facts so that they can make a decision about the application. However, the judge often gets involved in the presentation of evidence, especially where one party is not represented by counsel.

	==== m) Procedure for Enforcement of Orders ====		==== m) Procedure for Enforcement of Orders ====

LSLAP: /* k) Interim Applications */

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k) Interim Applications

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	==== k) Interim Applications ====		==== k) Interim Applications ====

	~~The new Provincial Family Rules have replaced the Notices of Motion with interim application forms to be used depending on the remedy sought.~~ Applicants should consult the ~~BC Provincial Family Forms at~~ [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Family Forms] and select the form of application most appropriate for the remedy sought.		Applicants should consult the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC Provincial Family Forms] and select the form of application most appropriate for the remedy sought.
	Upon the application form being filed at court and served upon the other parties, the court registry will set a date for the interim application and communicate said date with the parties. If the appointed date does not work for any of the parties, the parties are responsible for contacting the court registry to reschedule.
			Upon the application form being filed at court and served upon the other parties, the court registry will set a date for the interim application and communicate said date with the parties. If the appointed date does not work for any of the parties, the parties are responsible for contacting the court registry to reschedule.

	==== l) Trial ====		==== l) Trial ====

LSLAP: /* j) Affidavit Evidence */

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j) Affidavit Evidence

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	==== j) Affidavit Evidence ====		==== j) Affidavit Evidence ====

	At trial, evidence may be given orally or by sworn affidavit. Evidence may be given by affidavit at a hearing depending on the type of hearing and the remedy sought. The relevant section of the Rules should be consulted prior to submitting affidavit evidence for the hearing. Affidavit evidence must be in Form 45.		At trial, evidence may be given orally or by sworn affidavit. Evidence may be given by affidavit at a hearing depending on the type of hearing and the remedy sought. The relevant section of the Rules should be consulted prior to submitting affidavit evidence for the hearing. Affidavit evidence must be in Form 45.

	==== k) Interim Applications ====		==== k) Interim Applications ====

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	===== Divorce Act =====		===== Divorce Act =====

	Spousal support can be claimed under the ''Divorce Act'' in a divorce proceeding or in a proceeding for corollary relief alone (ss. 4 and 15.2). There is no limitation period within which married spouses or divorced spouses must bring a spousal support application. A claim for spousal support can be brought before or after an order for divorce. However, the longer a party waits, the less likely they will succeed in a claim for spousal support.		Spousal support can be claimed under the ''Divorce Act'' in a divorce proceeding or in a proceeding for corollary relief alone (ss 4 and 15.2). There is no limitation period within which married spouses or divorced spouses must bring a spousal support application. A claim for spousal support can be brought before or after an order for divorce. However, the longer a party waits, the less likely they will succeed in a claim for spousal support.

	===== Family Law Act =====		===== Family Law Act =====

	Under s. 198(3) of the ''FLA'', a claim for spousal support must be brought no later than 2 years after the judgment granting a '''divorce''' or an order declaring the marriage to be a '''nullity'''. The two-year time limit does not apply to a review of spousal support under ss. 168 and 169 of the ''FLA''.		Under s 198(3) of the ''FLA'', a claim for spousal support must be brought no later than 2 years after the judgment granting a '''divorce''' or an order declaring the marriage to be a '''nullity'''. The two-year time limit does not apply to a review of spousal support under ss 168 and 169 of the ''FLA''.

	The running of time limits is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.		The running of time limits is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.

	Under s. 198(3), a married spouse may make an application to set aside an order or agreement for spousal support no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.		Under s 198(3), a married spouse may make an application to set aside an order or agreement for spousal support no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.

	Under the ''Limitations Act'', there is no limitation date for claims on arrears of spousal support payments payable under a judgment or an agreement filed with the court under s. 148(2) or 163(3) of the ''FLA''.		Under the ''Limitations Act'', there is no limitation date for claims on arrears of spousal support payments payable under a judgment or an agreement filed with the court under s 148(2) or 163(3) of the ''FLA''.

	==== b) Common-Law Spouses ====		==== b) Common-Law Spouses ====
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	===== Family Law Act =====		===== Family Law Act =====

	Under s. 198(3) of the ''FLA'', a claim for spousal support must be brought no later than 2 years after the date of separation. The two-year time limit does not apply to a review of spousal support under ss. 168 and 169 of the ''FLA''.		Under s 198(3) of the ''FLA'', a claim for spousal support must be brought no later than 2 years after the date of separation. The two-year time limit does not apply to a review of spousal support under ss 168 and 169 of the ''FLA''.

	The running of time limits is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.		The running of time limits is suspended during any period in which persons are engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.

	Under s. 198(3), a spouse living in a marriage-like relationship may make an application to set aside an order or agreement for spousal support no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.		Under s 198(3), a spouse living in a marriage-like relationship may make an application to set aside an order or agreement for spousal support no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.

	Under the ''Limitations Act'', there is no limitation date for claims on arrears of spousal support payments payable under a judgment or an agreement filed with the court under s. 148(2) or 163(3) of the ''FLA''.		Under the ''Limitations Act'', there is no limitation date for claims on arrears of spousal support payments payable under a judgment or an agreement filed with the court under s 148(2) or 163(3) of the ''FLA''.

	=== 3. Division of Property, Debt, and Pension ===		=== 3. Division of Property, Debt, and Pension ===
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	==== b) Common-Law Spouses ====		==== b) Common-Law Spouses ====

	Spouses living in a marriage-like relationship may begin a proceeding to divide property, debt, or a pension no later than 2 years after the date of '''separation''' (s. 198(3)). The limitation period may be suspended spouses if the spouses were engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.		Spouses living in a marriage-like relationship may begin a proceeding to divide property, debt, or a pension no later than 2 years after the date of '''separation''' (s 198(3)). The limitation period may be suspended spouses if the spouses were engaged in family dispute resolution with a family dispute resolution professional or a prescribed process.

	A spouse living in a marriage-like relationship may make an application to set aside an order or agreement for property division no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.		A spouse living in a marriage-like relationship may make an application to set aside an order or agreement for property division no later than 2 years after the spouse first discovered, or reasonably ought to have discovered, the grounds for making the application.
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	=== 1. Jurisdiction ===		=== 1. Jurisdiction ===

	Provincial (Family) Court has jurisdiction under the ''FLA'' over matters of parenting time, access, support, and guardianship, subject to the jurisdiction of the superior courts and the federal government. The ''FLA'' provides greater powers for the enforcement of Orders which are available to the Provincial Court. Provincial (Family) Court may enforce support orders made in Supreme Court (''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96127_01 Family Maintenance Enforcement Act]'', RSBC 1996, c 127, s. 33), and has original jurisdiction to make support orders, and to vary or rescind its own orders. Provincial (Family) Court can also make, vary, rescind, or enforce its own parenting/access orders, but does not have the power to make orders regarding occupancy of the family home (''[https://canlii.ca/t/24lhr Polglase v. Polglase]'', 1979 CanLII 691 (BC SC)). Where the Supreme Court has made an order respecting parenting time, access, support, or child support, Provincial (Family) Court will be unable to vary that order, although the Court can enforce the order.		Provincial (Family) Court has jurisdiction under the ''FLA'' over matters of parenting time, access, support, and guardianship, subject to the jurisdiction of the superior courts and the federal government. The ''FLA'' provides greater powers for the enforcement of Orders which are available to the Provincial Court. Provincial (Family) Court may enforce support orders made in Supreme Court (''[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96127_01 Family Maintenance Enforcement Act]'', RSBC 1996, c 127, s 33), and has original jurisdiction to make support orders, and to vary or rescind its own orders. Provincial (Family) Court can also make, vary, rescind, or enforce its own parenting/access orders, but does not have the power to make orders regarding occupancy of the family home (''[https://canlii.ca/t/24lhr Polglase v. Polglase]'', 1979 CanLII 691 (BC SC)). Where the Supreme Court has made an order respecting parenting time, access, support, or child support, Provincial (Family) Court will be unable to vary that order, although the Court can enforce the order.

	The Provincial Court offers free counselling and mediation services to family members considering separation or divorce. The Family Justice Counsellors will try to help the parties reach agreement on contentious matters. Clients should phone Provincial Court (and ask for the Family Court Division) in advance to arrange an interview. An Intake Officer will speak with the client, and if the problem is something the Provincial Court deals with, the client will be assigned to a Counsellor and an appointment will be arranged.		The Provincial Court offers free counselling and mediation services to family members considering separation or divorce. The Family Justice Counsellors will try to help the parties reach agreement on contentious matters. Clients should phone Provincial Court (and ask for the Family Court Division) in advance to arrange an interview. An Intake Officer will speak with the client, and if the problem is something the Provincial Court deals with, the client will be assigned to a Counsellor and an appointment will be arranged.