Resolving Family Law Problems in Court - Revision history

Nate Russell: /* A few definitions */

2025-04-08T23:07:54Z

A few definitions

← Older revision		Revision as of 23:07, 8 April 2025
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	* '''Trial:''' The court makes its final decision about the orders the parties request in their claim and counterclaim at trial. A trial is a formal hearing where the parties and their lawyers (if they have them), appear before a judge and present their evidence by calling on live witnesses to give testimony. The parties or their lawyers provide their argument (submissions) which tells the court why it should make the orders listed in their claim or counterclaim. In BC Supreme Court, a summary trial is the same as a trial except that the evidence from parties and their witnesses is given by affidavit, as opposed to each person appearing in-person to tell the court their evidence. A BC Supreme Court summary trial can resolve some or all of the orders the parties are asking for in their claim or counterclaim. For simplicity, when we use the term ''trial'', we refer to both summary trials and traditional trials.		* '''Trial:''' The court makes its final decision about the orders the parties request in their claim and counterclaim at trial. A trial is a formal hearing where the parties and their lawyers (if they have them), appear before a judge and present their evidence by calling on live witnesses to give testimony. The parties or their lawyers provide their argument (submissions) which tells the court why it should make the orders listed in their claim or counterclaim. In BC Supreme Court, a summary trial is the same as a trial except that the evidence from parties and their witnesses is given by affidavit, as opposed to each person appearing in-person to tell the court their evidence. A BC Supreme Court summary trial can resolve some or all of the orders the parties are asking for in their claim or counterclaim. For simplicity, when we use the term ''trial'', we refer to both summary trials and traditional trials.
	* '''Costs:''' This has a specific meaning in BC Supreme Court. ''Costs'' are what one party must pay another party based on a formula set out in the Supreme Court Family Rules. Costs are usually payable by the unsuccessful party, but costs orders can also be made against parties that behave poorly or act unreasonably. Since a party might receive a costs award in one application where they were successful, have mixed success in another application, then be unsuccessful at trial, etc., costs are usually tallied up and sorted out after litigation has ended. Parties may then settle costs by agreement, or go before the Registrar to have them determined for them. Costs mean that there are some financial consequences for pursuing a weak claim (or resisting a stronger one), but costs will almost never compensate even the most successful party for what they actually spent on legal fees and other expenses. Judges retain a lot of discretion to decide costs consequences for specific hearings, deprive or reward costs for parties, and use costs as a mechanism to discourage unreasonable behaviour.		* '''Costs:''' This has a specific meaning in BC Supreme Court. ''Costs'' are what one party must pay another party based on a formula set out in the Supreme Court Family Rules. Costs are usually payable by the unsuccessful party, but costs orders can also be made against parties that behave poorly or act unreasonably. Since a party might receive a costs award in one application where they were successful, have mixed success in another application, then be unsuccessful at trial, etc., costs are usually tallied up and sorted out after litigation has ended. Parties may then settle costs by agreement, or go before the Registrar to have them determined for them. Costs mean that there are some financial consequences for pursuing a weak claim (or resisting a stronger one), but costs will almost never compensate even the most successful party for what they actually spent on legal fees and other expenses. Judges retain a lot of discretion to decide costs consequences for specific hearings, deprive or reward costs for parties, and use costs as a mechanism to discourage unreasonable behaviour.
	* '''Judge:''' Both levels of court have their own judges. In the BC Supreme Court there are a few different judicial roles relevant to family law actions. In BC Supreme Court, the term ''judge'' typically refers to a full ''Justice'' of the court, someone with the power to make final or interim decisions for any type of claim, and under any kind of procedure. An ''~~Associate Judge~~'' (formerly called a ''~~Master~~'' of the court) has more restricted jurisdiction, but is an important judicial officer especially for family law cases in the BC Supreme Court. Associate judges can hear and decide on ''interim applications'' (where interim and procedural orders are made) but they cannot preside at trial or issue a ''final judgment''. The other judicial role within the BC Supreme Court to be aware of is that of the ''Registrar'', who can preside over limited and specific types of hearings (e.g. hearings to settle costs). The kind of BC Supreme Court judge that might hear your application depends on the orders you are asking the court to make. In the litigation chapters "judge" is used to refer to all types of judges in both courts.		* '''Judge:''' Both levels of court have their own judges. In the BC Supreme Court there are a few different judicial roles relevant to family law actions. In BC Supreme Court, the term ''judge'' typically refers to a full ''Justice'' of the court, someone with the power to make final or interim decisions for any type of claim, and under any kind of procedure. An'' associate judge ''(formerly called a ''master'' of the court) has more restricted jurisdiction, but is an important judicial officer especially for family law cases in the BC Supreme Court. Associate judges can hear and decide on ''interim applications'' (where interim and procedural orders are made) but they cannot preside at trial or issue a ''final judgment''. The other judicial role within the BC Supreme Court to be aware of is that of the ''Registrar'', who can preside over limited and specific types of hearings (e.g. hearings to settle costs). The kind of BC Supreme Court judge that might hear your application depends on the orders you are asking the court to make. In the litigation chapters "judge" is used to refer to all types of judges in both courts.

	===The court process in a nutshell===		===The court process in a nutshell===

Nate Russell at 22:09, 2 April 2025

2025-04-02T22:09:08Z

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	{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
	\|~~ChapterEditors~~ = [[Kendra Marks]] and [[Iris Turaglio]]		\|CoAuthor = [[Kendra Marks]] and [[Iris Turaglio]]
			\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}

Nate Russell: /* The Provincial Court */

2025-04-02T20:13:26Z

The Provincial Court

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	Section 8 of the 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 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.

	The new Rules have also divided various courthouse registries into different categories. For example, Victoria is an ''Early Resolution Registry'', Nanaimo is a ''Family Justice Registry'', and Prince George is a ''Parenting Education Program Registry''. Each type of registry has different requirements and for Early Resolution Registries, parties have to try mediation before proceeding to court (unless the court agrees that mediation isn’t appropriate). For more information about each type of registry, see the section on [[Starting a Court ~~Proceeding in a~~ Family ~~Matter~~]], under the heading Early Resolution Registries.		The new Rules have also divided various courthouse registries into different categories. For example, Victoria is an ''Early Resolution Registry'', Nanaimo is a ''Family Justice Registry'', and Prince George is a ''Parenting Education Program Registry''. Each type of registry has different requirements and for Early Resolution Registries, parties have to try mediation before proceeding to court (unless the court agrees that mediation isn’t appropriate). For more information about each type of registry, see the section on [[Starting and Responding to Provincial Court Family Law Proceedings]], under the heading Early Resolution Registries.

	No matter the registry in which you find yourself, there are certain steps you have to take before you’ll be able to argue before a judge. In most cases, the first time that parties will be before a judge will be at what’s called a ''Family Management Conference'' (also called an “FMC”), which is a settlement-focused appearance. If settlement isn’t possible at the FMC, the judge can make orders (by consent or not), make interim orders to address needs until resolution is reached, and determine next appropriate steps. Parties can also attend settlement conferences, where a judge can help the parties see if any or all issues can be settled before trial.		No matter the registry in which you find yourself, there are certain steps you have to take before you’ll be able to argue before a judge. In most cases, the first time that parties will be before a judge will be at what’s called a ''Family Management Conference'' (also called an “FMC”), which is a settlement-focused appearance. If settlement isn’t possible at the FMC, the judge can make orders (by consent or not), make interim orders to address needs until resolution is reached, and determine next appropriate steps. Parties can also attend settlement conferences, where a judge can help the parties see if any or all issues can be settled before trial.

Nate Russell: /* Resources and links */

2025-04-02T20:04:33Z

Resources and links

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	===Legislation===		===Legislation===

	* [~~http~~://canlii.ca/t/b8rn Provincial Court Family Rules]		* [https://canlii.ca/t/b8rn Provincial Court Family Rules]
	* ''[~~http~~://canlii.ca/t/849w Provincial Court Act]''		* ''[https://canlii.ca/t/849w Provincial Court Act]''
	* [~~http~~://canlii.ca/t/8mcr Supreme Court Family Rules]		* [https://canlii.ca/t/8mcr Supreme Court Family Rules]
	* ''[~~http~~://canlii.ca/t/84d8 Supreme Court Act]''		* ''[https://canlii.ca/t/84d8 Supreme Court Act]''
	* [~~http~~://canlii.ca/t/85bg Court of Appeal Rules]		* [https://canlii.ca/t/85bg Court of Appeal Rules]
	* ''[~~http~~://canlii.ca/t/84h4 Court of Appeal Act]''		* ''[https://canlii.ca/t/84h4 Court of Appeal Act]''
	* ''[~~http~~://canlii.ca/t/84h8 Court Rules Act]''		* ''[https://canlii.ca/t/84h8 Court Rules Act]''

	===Resources===		===Resources===

	* [~~http~~://~~www~~.~~provincialcourt~~.bc.ca/~~types~~-of-~~cases~~/family-~~matters~~/~~chief~~-~~judge~~-~~practice~~-~~directions~~ Provincial Court ~~Practice Directions~~]		* [https://legalaid.bc.ca/services/family-law-legal-advice Legal Aid BC's Family LawLINE and duty counsel] information page
	* [https://www.~~bccourts~~.ca/~~supreme_court~~/~~practice_and_procedure~~/~~family_practice_directions~~.~~aspx~~ Supreme Court ~~Family Practice Directions~~]		* Legal Aid BC's Family Law website information on Provincial Court process:
	* [https://www.~~bccourts~~.ca/~~supreme_court~~/~~practice_and_procedure~~/~~administrative_notices~~.~~aspx~~ Supreme Court ~~Administrative Notices~~]		** [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if Get a new family order in Provincial Court if you can’t agree]
	* [https://www.~~bccourts~~.ca/~~court_of_appeal~~/~~Practice_and_Procedure~~/~~civil_practice_directives_~~/~~index~~.~~aspx~~ Court of ~~Appeal Practice Directives~~]		** [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries Provincial Court registries]
			** [https://www.familylawinbc.ca/bc-legal-system/legal-forms-documents/filling-out-court-forms/complete-provincial-court-financial Complete a Provincial Court Financial Statement (Form 4)]
			** [https://www.familylawinbc.ca/finances-support/child-spousal-support/what-financial-disclosure What is financial disclosure?]
			* Legal Aid BC's Family Law website information on BC Supreme Court process:
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court Trials in Supreme Court]
			** [https://www.familylawinbc.ca/bc-legal-system/if-you-have-go-court/trials-supreme-court/schedule-and-prepare-your-supreme-court Going to trial in Supreme Court]
			** [https://www.familylawinbc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc/change-order-or-set-aside Change an order or set aside an agreement in Supreme Court]
			** [https://www.familylawinbc.ca/bc-legal-system/court-orders/enforce-order-or-agreement-made-bc/enforce-parenting-agreement-or Enforce a parenting agreement or order in Supreme Court]
			* [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://provincialcourt.bc.ca/navigating-court-case/family/family-orders-picklists Family Orders Picklist], with standard terms for Provincial Court orders
			* [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service], a guided pathway for completing Provincial Court family law forms
			* [https://www.clicklaw.bc.ca/resources/memorandum-court-self-represented-litigants-trial-procedure-civil-and-family-cases Memorandum from the Court to Self-Represented Litigants: Trial Procedure in Civil and Family Cases] from the BC Supreme Court
			* [https://cjc-ccm.ca/en/what-we-do/initiatives/representing-yourself-court Canadian Judicial Council (CJC)'s online guides], especially the ''Family Law Handbook''
	* ''[https://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone		* ''[https://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		* "[[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
			* [https://www.bccourts.ca/supreme_court/self-represented_litigants/ Self-Represented Litigants] information page from BC Supreme Court

	===Links===		===Links===

	* Legal Aid BC's Family Law website information on Provincial Court process:		* [https://provincialcourt.bc.ca/news-notices-policies-and-practice-directions/notices-policies-practice-directions Provincial Court Practice Directions]
	** [https://~~family.legalaid~~.bc.ca/bc-~~legal~~-~~system/court~~-~~orders/get~~-~~order~~-bc/~~provincial~~-~~court/get~~-~~new~~-~~family-order-provincial-court-if Get a new family order in~~ Provincial Court ~~if you can’t agree~~]		* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]
	** [https://~~family~~.~~legalaid~~.bc.ca/~~bc-legal-system~~/~~provincial-court-registries Provincial~~ Court ~~registries~~]		* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]
			* [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives]
	* [https://www.bccourts.ca/ Courts of British Columbia website]		* [https://www.bccourts.ca/ Courts of British Columbia website]
	* [https://www.provincialcourt.bc.ca/ Provincial Court website]		* [https://www.provincialcourt.bc.ca/ Provincial Court website]
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	* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling]		* [https://www.bccourts.ca/supreme_court/scheduling/ Supreme Court Trial Scheduling]
	* [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal website]		* [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal website]
	* [https://www.bccourts.ca/supreme_court/self-represented_litigants/guidebooks.aspx Guidebooks from the BC Supreme Court website]

Nate Russell at 20:00, 2 April 2025

2025-04-02T20:00:35Z

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	~~{{DEMOWARNING}}~~{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Kendra Marks]] and [[Iris Turaglio]]		\|ChapterEditors = [[Kendra Marks]] and [[Iris Turaglio]]
	}}		}}

Nate Russell: /* Resources and links */

2025-04-01T18:45:03Z

Resources and links

← Older revision		Revision as of 18:45, 1 April 2025
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	* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]		* [https://www.bccourts.ca/supreme_court/practice_and_procedure/administrative_notices.aspx Supreme Court Administrative Notices]
	* [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives]		* [https://www.bccourts.ca/court_of_appeal/Practice_and_Procedure/civil_practice_directives_/index.aspx Court of Appeal Practice Directives]
	* ''[~~http~~://www.worldcat.org/oclc/436259309 Tug of War]'' by Mr. Justice Brownstone		* ''[https://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		* "[[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

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	* [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal website]		* [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal website]
	* [https://www.bccourts.ca/supreme_court/self-represented_litigants/guidebooks.aspx Guidebooks from the BC Supreme Court website]		* [https://www.bccourts.ca/supreme_court/self-represented_litigants/guidebooks.aspx Guidebooks from the BC Supreme Court website]
	* [http://www.clicklaw.bc.ca/resource/1115 Justice Education Society's Court Tips for Parents (videos)]

Nate Russell at 19:09, 24 March 2025

2025-03-24T19:09:20Z

Show changes

Nate Russell: From staging 2024

2024-01-11T23:16:16Z

From staging 2024

← Older revision		Revision as of 23:16, 11 January 2024
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	{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge		{{DEMOWARNING}}{{JP Boyd on Family Law TOC\|expanded = incourt}}{{JPBOFL Editor Badge
			\|CoAuthor = [[Elizabeth Cameron]] and [[Rosemary Gallo]]
	\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]		\|ChapterEditors = [[Shannon Aldinger]] and [[Julie Brown]]
	}}		}}
			The process of starting a court proceeding and wrapping it up at trial can be complicated. This chapter discusses the process for starting, and replying to, court proceedings in British Columbia's Supreme Court, making applications before trial, and completing a trial. For Provincial Court trials, please refer to the resources on Legal Aid BC's Family Law website, posted at the end of this section.
	The process of starting a court proceeding and wrapping it up at trial can be complicated. This chapter discusses the process for starting, and replying to, court proceedings in British Columbia's Supreme Court, making applications before trial, and completing a trial. For Provincial Court trials, please refer to the resources on Legal Aid BC's Family Law website, ~~and the links~~ posted at the end of this section.

	This section provides a thumbnail sketch of the basic court process common to all family law court proceedings. The following sections in this chapter provide more detail about [[Starting a Court Proceeding in a Family Matter\|starting a proceeding]], [[Responding to a Court Proceeding in a Family Matter\|responding to a proceeding]], going to [[Case Conferences in a Family Law Matter\|case conferences]], making [[Interim Applications in Family Matters\|applications for temporary and urgent orders]], [[Enforcing Orders in Family Matters\|enforcing orders]], and [[Changing Orders in Family Matters\|changing final orders]].		This section provides a thumbnail sketch of the basic court process common to all family law court proceedings. The following sections in this chapter provide more detail about [[Starting a Court Proceeding in a Family Matter\|starting a proceeding]], [[Responding to a Court Proceeding in a Family Matter\|responding to a proceeding]], going to [[Case Conferences in a Family Law Matter\|case conferences]], making [[Interim Applications in Family Matters\|applications for temporary and urgent orders]], [[Enforcing Orders in Family Matters\|enforcing orders]], and [[Changing Orders in Family Matters\|changing final orders]].
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	\|align="center"\|'''Spousal support'''\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Spousal support'''\|\|align="center"\|Yes\|\|align="center"\|Yes
	\|-		\|-
	\|align="center"\|'''Family property and<br/>family debt'''\|\|align="center"\|Yes\|\|		\|align="center"\|'''Family property and<br/>family debt'''\|\|align="center"\|Yes\|\|align="center"\|Pets only
	\|-		\|-
	\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes

Nate Russell at 21:40, 15 July 2022

2022-07-15T21:40:05Z

← Older revision		Revision as of 21:40, 15 July 2022
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	}}		}}

	The process of starting a court proceeding and wrapping it up at trial can be complicated. This chapter discusses the process for starting, and replying to, court proceedings in British Columbia's Supreme Court, making applications before trial, and completing a trial. For Provincial Court trials, please refer to the resources on Legal Aid BC's Family Law website, posted at the end of this section.		The process of starting a court proceeding and wrapping it up at trial can be complicated. This chapter discusses the process for starting, and replying to, court proceedings in British Columbia's Supreme Court, making applications before trial, and completing a trial. For Provincial Court trials, please refer to the resources on Legal Aid BC's Family Law website, and the links posted at the end of this section.

	This section provides a thumbnail sketch of the basic court process common to all family law court proceedings. The following sections in this chapter provide more detail about [[Starting a Court Proceeding in a Family Matter\|starting a proceeding]], [[Responding to a Court Proceeding in a Family Matter\|responding to a proceeding]], going to [[Case Conferences in a Family Law Matter\|case conferences]], making [[Interim Applications in Family Matters\|applications for temporary and urgent orders]], [[Enforcing Orders in Family Matters\|enforcing orders]], and [[Changing Orders in Family Matters\|changing final orders]].		This section provides a thumbnail sketch of the basic court process common to all family law court proceedings. The following sections in this chapter provide more detail about [[Starting a Court Proceeding in a Family Matter\|starting a proceeding]], [[Responding to a Court Proceeding in a Family Matter\|responding to a proceeding]], going to [[Case Conferences in a Family Law Matter\|case conferences]], making [[Interim Applications in Family Matters\|applications for temporary and urgent orders]], [[Enforcing Orders in Family Matters\|enforcing orders]], and [[Changing Orders in Family Matters\|changing final orders]].
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	===Links===		===Links===

			* Legal Aid BC's Family Law website information on Provincial Court process:
			** [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if Get a new family order in Provincial Court if you can’t agree]
			** [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries Provincial Court registries]
	* [https://www.bccourts.ca/ Courts of British Columbia website]		* [https://www.bccourts.ca/ Courts of British Columbia website]
	* [https://www.provincialcourt.bc.ca/ Provincial Court website]		* [https://www.provincialcourt.bc.ca/ Provincial Court website]

Nate Russell: From staging July 2022

2022-07-15T21:26:56Z

From staging July 2022

Show changes