Family Law Litigation in Provincial Court - Revision history

Nate Russell: /* Parenting Education Program registries */

2026-05-06T19:39:44Z

Parenting Education Program registries

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	The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.		The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.

	====Parenting Education Program ~~registries~~====		====Parenting Education Program Registries====
	If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.		If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.

	~~There are no longer any ''Family Justice Registries''.~~ Provincial Court registries that are not Early Resolution Registries are ''Parenting Education Program Registries''. ~~They~~ require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].		Provincial Court registries that are not Early Resolution Registries are ''Parenting Education Program Registries''. (There are no longer any ''Family Justice Registries'' as of May 1, 2026.) Parenting Education Program Registries require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].

	===Stage 2: Starting and replying to an application===		===Stage 2: Starting and replying to an application===

Nate Russell: /* Other registries */

2026-05-06T19:38:30Z

Other registries

← Older revision		Revision as of 19:38, 6 May 2026
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	The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.		The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.

	====~~Other~~ registries====		====Parenting Education Program registries====
	If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.		If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.

Nate Russell: /* Early Resolution Registries */

2026-05-06T19:37:54Z

Early Resolution Registries

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	* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).		* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).

	As of May 1, 2026, ~~many more~~ Provincial Court registries are Early Resolution Registries~~, including~~ registries in the ~~Interior~~, on Vancouver Island, and on the Central Coast. Check the government page for [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and ~~Family Justice Services Division (~~FJSD) offices] to confirm which process applies to your registry.		As of May 1, 2026, the southern Provincial Court registries are Early Resolution Registries. This includes all of the registries in the Lower Mainland and Fraser Valley, all locations on Vancouver Island, the Interior region, and also the Central Coast (Bella Bella, Bella Coola, and Klemtu). Check the government page for [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and FJSD offices] to confirm which process applies to your registry, where to file, and which Family Justice Services Division office can help you meet the early resolution requirements.

	If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.		If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.
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	You can contact the office listed for your registry on the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and FJSD offices] webpage to learn more, ask questions, and get help with forms.		You can contact the office listed for your registry on the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and FJSD offices] webpage to learn more, ask questions, and get help with forms.

	The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.		The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.

	====Other registries====		====Other registries====

Nate Russell: May 1 2026 Registry type changes

2026-05-05T23:23:54Z

May 1 2026 Registry type changes

Nate Russell: /* Resources and links */

2025-04-09T20:37:01Z

Resources and links

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	===Resources===		===Resources===
	* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms and Guidebooks], from ~~the Ministry of Attorney General~~		* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms and Guidebooks] information page from BC Government
	* [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service], a guided pathway for completing family law forms		* [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service], a guided pathway for completing family law forms
	* Legal Aid BC's Family Law website information on Provincial Court process:		* Legal Aid BC's Family Law website information on Provincial Court process:

Nate Russell: /* Stage 3: Parties attend an FMC */

2025-04-08T19:52:42Z

Stage 3: Parties attend an FMC

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	===Stage 3: Parties attend an FMC===		===Stage 3: Parties attend an FMC===
	A common element of all registry types is the ''Family Management Conference'' ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete.		A common element of all registry types is the ''Family Management Conference'' (FMC), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete.

	An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each party's case. [[Conferences and Provincial Court Family Law Proceedings]] delves into this important stage of the case.		An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each party's case. [[Conferences and Provincial Court Family Law Proceedings]] delves into this important stage of the case.

Nate Russell at 21:05, 7 April 2025

2025-04-07T21:05:14Z

Nate Russell at 22:56, 4 April 2025

2025-04-04T22:56:01Z

← Older revision		Revision as of 22:56, 4 April 2025
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	{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = bcpc}}{{JPBOFL Editor Badge
	\|~~CoAuthors~~ = [[Kendra Marks]]		\|CoAuthor = [[Kendra Marks]]
	}}		}}

Nate Russell at 22:06, 28 March 2025

2025-03-28T22:06:58Z

Nate Russell: /* Links */

2025-03-28T21:30:32Z

Links

← Older revision		Revision as of 21:30, 28 March 2025
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	* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions]		* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions]
	* ''[http://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone		* ''[http://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone
	* "[[Media:SRL_Bill_of_Rights_and_Responsibilities_-_November_2012_-_JP_Boyd.pdf\|The Rights and Responsibilities of the Self-Represented Litigant]]" (PDF) by John-Paul Boyd, KC

← Older revision		Revision as of 23:23, 5 May 2026
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	This chapter breaks down family law litigation in Provincial Court into six stages. Even though the laws and Provincial Court Family Rules don't use the term "stages", explaining the litigation process as a series of steps makes it easier to understand. Parties will typically experience litigation in the order summarized below.		This chapter breaks down family law litigation in Provincial Court into six stages. Even though the laws and Provincial Court Family Rules don't use the term "stages", explaining the litigation process as a series of steps makes it easier to understand. Parties will typically experience litigation in the order summarized below.

	===Stage 1: Identifying the type of registry, type of claim, and ~~meet~~ applicable pre-conditions===		===Stage 1: Identifying the type of registry, type of claim, and meeting applicable pre-conditions===
	Today's [https://canlii.ca/t/b8rn Provincial Court Family Rules] create ~~several~~ different ~~types~~ of ~~registries, as were~~ introduced in the section on [[The Court System for Family Matters]], under the general [[Resolving Family Law Problems in Court]] chapter. The section on [[Starting and Responding to Provincial Court Family Law Proceedings]] in this chapter also has more information on ~~each of these types of~~ registry.		Today's [https://canlii.ca/t/b8rn Provincial Court Family Rules] create different requirements depending on the type of registry involved. These differences are introduced in the section on [[The Court System for Family Matters]], under the general [[Resolving Family Law Problems in Court]] chapter. The section on [[Starting and Responding to Provincial Court Family Law Proceedings]] in this chapter also has more information on the different registry requirements.

	The first thing to do is be sure you understand ~~what type of~~ registry ~~applies to~~ your case.		The first thing to do is be sure you understand which requirements apply to the registry where your case will be filed.

	====Early Resolution Registries====		====Early Resolution Registries====
	Early Resolution Registries follow a ~~new~~ procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to ~~traditional Provincial Court procedure~~. The good news is that many people will find the process more straightforward, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, ~~orders about pets~~, etc.) parties in an Early Resolution Registry must:		Early Resolution Registries follow a procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to the process in Parenting Education Program Registries. The good news is that many people will find the process more straightforward, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, ownership or possession of companion animals, etc.) parties in an Early Resolution Registry must:
	* Attend a ''needs assessment'' with a ''family justice counsellor''		* Attend a ''needs assessment'' with a ''family justice counsellor''
	* Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (on rare occasions, this can be waived)		* Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (on rare occasions, this can be waived)
	* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).		* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).

	~~Currently~~, ~~the~~ registries ~~in Victoria, Surrey and Port Coquitlam~~ are Early Resolution Registries~~. In April 2025~~, ~~the~~ registries in ~~Abbotsford~~, ~~Chilliwack~~ and ~~New Westminster will become~~ Early Resolution Registries, ~~followed by Vancouver~~ (~~Robson~~)~~, North Vancouver, Richmond, Sechelt and Pemberton in November 2025~~.		As of May 1, 2026, many more Provincial Court registries are Early Resolution Registries, including registries in the Interior, on Vancouver Island, and on the Central Coast. Check the government page for [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and Family Justice Services Division (FJSD) offices] to confirm which process applies to your registry.

	If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.		If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.

	You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution ~~Family Justice Centre~~] ~~associated with your registry~~ to learn more, ask questions, and get help with forms.		You can contact the office listed for your registry on the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and FJSD offices] webpage to learn more, ask questions, and get help with forms.

	~~If your claim is for a~~ ''protection ~~order~~'' or ''priority parenting ~~matter~~'' (or if you ~~will be bringing~~ a family law matter application ~~along with a request~~ for a case management order to ~~exempt certain steps due to real urgency), you may bypass~~ or ~~postpone the usual Early Resolution Registry~~ requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.		The usual Early Resolution Registry requirements do not apply to applications about ''protection orders'', ''priority parenting matters'', relocation, enforcement, case management orders, or consent orders. If you need to bring a family law matter application urgently, you may be able to ask for a case management order to waive or change some early resolution requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.

	====Other registries====		====Other registries====
	If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.		If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.

	'''Family Justice Registries''~~': Kelowna, Nanaimo, and Vancouver (Robson Square)'s~~ registries ~~have a special process for court applications~~ that ~~involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an~~ Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are ~~children involved, you and the other party will also first have to take a parenting course.~~		There are no longer any ''Family Justice Registries''. Provincial Court registries that are not Early Resolution Registries are ''Parenting Education Program Registries''. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].

	'''Parenting Education Program Registries''~~': This type of registry applies to all of the other Provincial Court locations~~. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].

	===Stage 2: Starting and replying to an application===		===Stage 2: Starting and replying to an application===
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	====The applicant files and serves their application====		====The applicant files and serves their application====
	~~The~~ applicant ~~starts a Provincial Court action by filing an~~ application at one of the court's registries. ~~Most Provincial Court~~ family law ~~proceedings~~ are ~~started~~ with a Form 3 Application About a Family Law Matter. However, other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include:		After any required early resolution or parenting education steps have been completed, the applicant files the appropriate application at one of the court's registries. Many applications about family law matters are made with a Form 3 Application About a Family Law Matter. However, other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include:
	* Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter).		* Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter).
	* Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established.		* Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established.
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	* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas/do-i-have-to-take-pas Do I have to take a Parenting After Separation course?], from the Ministry of Attorney General		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas/do-i-have-to-take-pas Do I have to take a Parenting After Separation course?], from the Ministry of Attorney General
	* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early resolution process], information page about Early Resolution Registries from the Ministry of Attorney General		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early resolution process], information page about Early Resolution Registries from the Ministry of Attorney General
			* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution/early-resolution-registries-filing-locations-fjsd-offices Early Resolution Registries, filing locations and FJSD offices], current list of Early Resolution Registries, filing locations, and FJSD offices from the Ministry of Attorney General
	* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions]		* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions]
	* ''[http://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone		* ''[http://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone


	{{REVIEWED \| reviewer = [[~~Kendra Marks~~]], 5 ~~January 2025~~}}		{{REVIEWED \| reviewer = [[Nate Russell]], 5 May 2026}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

← Older revision		Revision as of 21:05, 7 April 2025
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	This chapter starts by providing a thumbnail sketch of the basic court process for family law proceedings in Provincial Court. You should review the definitions and terminology listed in the chapter on [[Resolving Family Law Problems in Court]].		This chapter starts by providing a thumbnail sketch of the basic court process for family law proceedings in Provincial Court. You should review the definitions and terminology listed in the chapter on [[Resolving Family Law Problems in Court]].

	The other sections in this chapter provide more detail about [[Starting and Responding to Provincial Court Family Law Proceedings\|starting and responding to a proceeding]], [[Disclosure and Provincial Court Family Law Proceedings\|disclosure and exchange of documents], [[Conferences and Provincial Court Family Law Proceedings\|case conferences]], making [[Interim Applications and Provincial Court Family Law Proceedings\|applications for temporary and urgent orders]], [[Trials and Provincial Court Family Law Proceedings\|trials]], [[Enforcing Provincial Court Family Law Orders\|enforcing orders]], and [[Changing Provincial Court Family Law Orders\|applying for changes to orders]].		The other sections in this chapter provide more detail about [[Starting and Responding to Provincial Court Family Law Proceedings\|starting and responding to a proceeding]], [[Disclosure and Provincial Court Family Law Proceedings\|disclosure and exchange of documents]], [[Conferences and Provincial Court Family Law Proceedings\|case conferences]], making [[Interim Applications and Provincial Court Family Law Proceedings\|applications for temporary and urgent orders]], [[Trials and Provincial Court Family Law Proceedings\|trials]], [[Enforcing Provincial Court Family Law Orders\|enforcing orders]], and [[Changing Provincial Court Family Law Orders\|applying for changes to orders]].

	==The Provincial Court and its rules==		==The Provincial Court and its rules==

	The Provincial Court has jurisdiction to deal with family law issues relating to parenting children, child support, spousal support, companion animals (pets) and orders protecting people under the ''[[Family Law Act]]''. These are ''family law matters'', to which the Provincial Court Family Rules apply. The Provincial Court also deals with ''child protection''		The Provincial Court has jurisdiction to deal with family law issues relating to parenting children, child support, spousal support, companion animals (pets) and orders protecting people under the ''[[Family Law Act]]''. These are ''family law matters'', to which the Provincial Court Family Rules apply. The Provincial Court also deals with ''child protection''.
	It does not have the authority to deal with issues about parentage, dividing property and debt, and orders protecting property under the ''Family Law Act'', nor can it deal with claims under the ''[[Divorce Act]]''. See the table in the general chapter on [[Resolving Family Law Problems in Court]], which shows which trial court can deal with which family law problem.		It does not have the authority to deal with issues about parentage, dividing property and debt, and orders protecting property under the ''Family Law Act'', nor can it deal with claims under the ''[[Divorce Act]]''. See the table in the general chapter on [[Resolving Family Law Problems in Court]], which shows which trial court can deal with which family law problem.

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	The Provincial Court process is designed to be more affordable and easier to navigate without a lawyer's help. Most family forms can be completed online using the [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service]. In Provincial Court, unlike BC Supreme Court, ''costs'' are almost never payable, meaning that even if you lose, you don't need to pay anything toward the other side's legal costs. (That said, a word of caution: if a judge decides that cross examining an expert witness was unnecessary, then the party who decides to cross examine that expert can be responsible for the cost of paying that witness, which can be in the thousands of dollars.) There are fewer fees for proceeding in Provincial Court, too.		The Provincial Court process is designed to be more affordable and easier to navigate without a lawyer's help. Most family forms can be completed online using the [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service]. In Provincial Court, unlike BC Supreme Court, ''costs'' are almost never payable, meaning that even if you lose, you don't need to pay anything toward the other side's legal costs. (That said, a word of caution: if a judge decides that cross examining an expert witness was unnecessary, then the party who decides to cross examine that expert can be responsible for the cost of paying that witness, which can be in the thousands of dollars.) There are fewer fees for proceeding in Provincial Court, too.

	In 2021, BC completely overhauled its [https://canlii.ca/t/b8rn\|Provincial Court Family Rules] in an effort aimed at promoting settlement where possible, and finding a fair process to minimize conflict and ~~promotes~~ cooperation between parties.		In 2021, BC completely overhauled its [https://canlii.ca/t/b8rn\|Provincial Court Family Rules] in an effort aimed at promoting settlement where possible, and finding a fair process to minimize conflict and promote cooperation between parties.

	Section 8 of the new rules clearly states that “parties may come to an agreement or otherwise reach resolution about family issues at any time”. That means that even if it's the morning of your trial and you’re all ready to go, you and your ex can decide to settle without going to trial.		Section 8 of the new rules clearly states that “parties may come to an agreement or otherwise reach resolution about family issues at any time”. That means that even if it's the morning of your trial and you’re all ready to go, you and your ex can decide to settle without going to trial.
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	Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025.		Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025.

	If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs ~~asssessor~~ (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.		If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.

	You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms.		You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms.
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	'''Family Justice Registries''': Kelowna, Nanaimo, and Vancouver (Robson Square)'s registries have a special process for court applications that involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are children involved, you and the other party will also first have to take a parenting course.		'''Family Justice Registries''': Kelowna, Nanaimo, and Vancouver (Robson Square)'s registries have a special process for court applications that involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are children involved, you and the other party will also first have to take a parenting course.

	'''Parenting Education Program Registries''': This type of registry applies to all of the other Provincial Court locations. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with an Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].		'''Parenting Education Program Registries''': This type of registry applies to all of the other Provincial Court locations. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]].

	===Stage 2: Starting and replying to an application===		===Stage 2: Starting and replying to an application===
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	A common element of all registry types is the ''Family Management Conference'' ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete.		A common element of all registry types is the ''Family Management Conference'' ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete.

	An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each ~~parties~~' case. [[Conferences and Provincial Court Family Law Proceedings]] delves into this important stage of the case.		An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each party's case. [[Conferences and Provincial Court Family Law Proceedings]] delves into this important stage of the case.

	===Stage 4: Disclosure===		===Stage 4: Disclosure===

← Older revision		Revision as of 22:06, 28 March 2025
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	====Early Resolution Registries====		====Early Resolution Registries====
	Early Resolution Registries follow a new procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to traditional Provincial Court procedure. The good news is that many people will find the process more ~~straight forward~~, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, orders about pets, etc.) parties in an Early Resolution Registry must:		Early Resolution Registries follow a new procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to traditional Provincial Court procedure. The good news is that many people will find the process more straightforward, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, orders about pets, etc.) parties in an Early Resolution Registry must:
	* Attend a ''needs assessment'' with a ''family justice counsellor''		* Attend a ''needs assessment'' with a ''family justice counsellor''
	* Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (in rare occasions, this can be waived)		* Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (on rare occasions, this can be waived)
	* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).		* Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).

	Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025.		Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025.

	If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs ~~asssesor~~ (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.		If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs asssessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application.

	You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre]] associated with your registry to learn more, ask questions, and get help with forms.		You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms.

	If your claim is for a ''protection order'' or ''priority parenting matter'' (or if you will be bringing a family law matter application along with a request for a case management order to exempt certain steps due to real urgency), you may bypass or postpone the usual Early Resolution Registry requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.		If your claim is for a ''protection order'' or ''priority parenting matter'' (or if you will be bringing a family law matter application along with a request for a case management order to exempt certain steps due to real urgency), you may bypass or postpone the usual Early Resolution Registry requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.
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	====The applicant files and serves their application====		====The applicant files and serves their application====
	The applicant starts a Provincial Court action by filing an application at one of the court's registries. Most Provincial Court family law proceedings are started with a Form 3 Application About a Family Law Matter. However other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include:		The applicant starts a Provincial Court action by filing an application at one of the court's registries. Most Provincial Court family law proceedings are started with a Form 3 Application About a Family Law Matter. However, other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include:
	* Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter).		* Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter).
	* Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established.		* Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established.
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	===Stage 4: Disclosure===		===Stage 4: Disclosure===
	Financial statements are very important in most family law matters, especially where child support or spousal support are at play. ''Disclosure'' refers to the process for revealing what documents each party has. When you ~~prepared~~ the financial statements and other ~~evidence that you provided~~ the other side, and ~~when you are~~ reviewing what you ~~received~~ from ~~the other party~~, ~~you should have~~ in mind the disclosure obligations imposed by legislation, and the consequences for breaching ~~those~~.		Financial statements are very important in most family law matters, especially where child support or spousal support are at play. ''Disclosure'' refers to the process for revealing what documents each party has. When you prepare the financial statements and other disclosures for the other side, and while reviewing what you receive from them, keep in mind the disclosure obligations imposed by legislation, and the consequences for breaching them. The [[Disclosure and Provincial Court Family Law Proceedings]] section discusses the obligations and penalties related to disclosure.
	The [[Disclosure and Provincial Court Family Law Proceedings]] section discusses the obligations and penalties related to disclosure.

	===Stage 5: A party may bring other applications===		===Stage 5: A party may bring other applications===