The Court System for Family Matters - Revision history

Nate Russell: May 1 2026 Registry type changes

2026-05-05T23:59:45Z

May 1 2026 Registry type changes

Nate Russell: /* Resources and links */

2025-03-28T21:14:08Z

Resources and links

← Older revision		Revision as of 21:14, 28 March 2025
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	===Legislation===		===Legislation===

			* ''[http://canlii.ca/t/84h8 Court Rules Act]''
			* ''[http://canlii.ca/t/b96x Court of Appeal Act]''
			* [http://canlii.ca/t/bgkw Court of Appeal Rules]
			* ''[http://canlii.ca/t/84d8 Supreme Court Act]''
			* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
	* ''[http://canlii.ca/t/849w Provincial Court Act]''		* ''[http://canlii.ca/t/849w Provincial Court Act]''
	* ''[http://canlii.ca/t/~~84d8 Supreme Court Act]''~~		* [http://canlii.ca/t/b8rn Provincial Court Family Rules]
	* ''[http://canlii.ca/t/b96x Court of Appeal Act]''
	* ''[http://canlii.ca/t/84h8 Court Rules ~~Act~~]''
	* ''[https://canlii.ca/t/8q3k Family Law Act]''		* ''[https://canlii.ca/t/8q3k Family Law Act]''
	* ''[https://canlii.ca/t/551f9 Divorce Act]''		* ''[https://canlii.ca/t/551f9 Divorce Act]''
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	===Resources===		===Resources===

	* [http://canlii.ca/t/b8rn Provincial Court Family Rules]
	* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms]		* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms Provincial Court Family Forms]
	* [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://canlii.ca/t/8mcr Supreme Court Family Rules]
	* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms Supreme Court Family Forms]		* [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms Supreme Court Family Forms]
	* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]		* [https://www.bccourts.ca/supreme_court/practice_and_procedure/family_practice_directions.aspx Supreme Court Family Practice Directions]
	* [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]
	* [http://canlii.ca/t/bgkw Court of Appeal Rules]
	* [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Civil_Rules_Forms.aspx BC Court of Appeal Civil Rules Forms]		* [https://www.bccourts.ca/Court_of_Appeal/practice_and_procedure/Civil_Rules_Forms.aspx BC Court of Appeal Civil Rules Forms]
	* [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]
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	===Links===		===Links===

	* [~~http~~://www.bccourts.ca/ Courts of British Columbia website]		* [https://www.bccourts.ca/ Courts of British Columbia website]
	* [~~http~~://www.~~provincialcourt.bc~~.ca/ ~~Provincial~~ Court website]		* [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website]
	* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website]		* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website]
	* [https://www.~~bccourts~~.ca/~~Court_of_Appeal/index.aspx~~ Court ~~of Appeal~~ website]		* [https://www.provincialcourt.bc.ca/ Provincial Court website]
	* [http://canlii.org CanLII]		* [http://canlii.org CanLII]

Nate Russell: /* BC Supreme Court jurisdiction */

2025-03-28T21:06:38Z

BC Supreme Court jurisdiction

← Older revision		Revision as of 21:06, 28 March 2025
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	===BC Supreme Court jurisdiction===		===BC Supreme Court jurisdiction===

	The BC Supreme Court has the authority to deal with all of the same issues as the Provincial Court and more. The Supreme Court:		The BC Supreme Court has the authority to deal with all of the same issues as the Provincial Court and more. The BC Supreme Court:

	*has ''inherent jurisdiction'', which means it can deal with every kind of legal issue,		*has ''inherent jurisdiction'', which means it can deal with every kind of legal issue,

Nate Russell at 20:58, 28 March 2025

2025-03-28T20:58:39Z

← Older revision		Revision as of 20:58, 28 March 2025
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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 = [[Bob Mostar]] and [[Mark Norton]]
	\|CoAuthor = [[Kendra Marks]] and [[Iris Turaglio]]		\|CoAuthor = [[Kendra Marks]] and [[Iris Turaglio]]
	}}		}}

Nate Russell at 20:57, 28 March 2025

2025-03-28T20:57:18Z

← Older revision		Revision as of 20:57, 28 March 2025
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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
	\|~~CoAuthors~~ = [[Kendra Marks]] and [[Iris Turaglio]]		\|CoAuthor = [[Kendra Marks]] and [[Iris Turaglio]]
	}}		}}
	There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge.		There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge.

Nate Russell at 20:56, 28 March 2025

2025-03-28T20:56:52Z

← Older revision		Revision as of 20:56, 28 March 2025
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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]]		\|CoAuthors = [[Kendra Marks]] and [[Iris Turaglio]]
	}}		}}
	There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge.		There are three levels of court in British Columbia: the Provincial Court, the Supreme Court, and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts. They listen to witnesses and hear arguments and make decisions about the legal claims people bring before them. The Court of Appeal only hears appeals. It listens to arguments about why a trial judge may have made the wrong decision about a claim, and may confirm, change or cancel a trial judge's decision. The Supreme Court also hears appeals of decisions made by a Provincial Court judge.
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	As the rule of law became more and more important in maintaining a civil society and the law itself became more and more complicated, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them. This was the origin of the Court of Common Pleas, and it marked the start of the English common law as the specially-appointed people, ''judges'', were sent out to tour the country and resolve legal problems on behalf of the king or queen. Eventually, the monarchy got out of the business altogether and left the hearing of petitions entirely to the judges. The English court system became more complex as time went on, and different types of courts, like the Court of Equity, the Court of the Exchequer and the Court of Wards and Liveries, were eventually set up to deal with different kinds of problems.		As the rule of law became more and more important in maintaining a civil society and the law itself became more and more complicated, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them. This was the origin of the Court of Common Pleas, and it marked the start of the English common law as the specially-appointed people, ''judges'', were sent out to tour the country and resolve legal problems on behalf of the king or queen. Eventually, the monarchy got out of the business altogether and left the hearing of petitions entirely to the judges. The English court system became more complex as time went on, and different types of courts, like the Court of Equity, the Court of the Exchequer and the Court of Wards and Liveries, were eventually set up to deal with different kinds of problems.

	~~The English~~ court system was ~~brought to British Columbia when~~ the ~~colonies~~ of ~~Vancouver Island and~~ British Columbia ~~were founded in the middle of the nineteenth century. The laws of England were adopted~~ by ~~British Columbia after the two colonies were joined by the proclamation of~~ Governor Sir James Douglas ~~on 19 November 1858~~, shown below. ~~Our local court system was brought into~~ the ~~Canadian system when~~ British Columbia ~~entered~~ Confederation in 1871.		British Columbia's court system has its roots in English law, which was formally adopted for the mainland Colony of British Columbia on 19 November 1858 by Governor Sir James Douglas, as shown below. Although the colonies of Vancouver Island and British Columbia did not merge until 1866, and ultimately BC joined Confederation in 1871, this early adoption of English law helped shape the legal framework we still rely on today.

	[[Image:1858_Proclamation_Gov_Douglas.png\|frameless\|center\|400px\|1858 Proclamation of Governor Sir James Douglas]]		[[Image:1858_Proclamation_Gov_Douglas.png\|frameless\|center\|400px\|1858 Proclamation of Governor Sir James Douglas]]

Nate Russell at 19:10, 24 March 2025

2025-03-24T19:10:28Z

Show changes

Nate Russell: Clicklaw directory link edit

2024-08-02T22:50:58Z

Clicklaw directory link edit

Nate Russell: master > associate judge - title change

2024-02-21T23:46:04Z

master > associate judge - title change

Nate Russell: From staging 2024

2024-01-11T23:18:04Z

From staging 2024

Show changes

← Older revision		Revision as of 23:59, 5 May 2026
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	===Provincial Court proceedings===		===Provincial Court proceedings===

	The Provincial Court has special rules just for family law proceedings. These are contained in the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. These rules set out different procedures to follow depending on the type of registry that your court proceeding was filed in. This means that the rules can vary significantly depending on where you are in the province. Make sure you know which type of registry your family law matter is filed at. The types ~~and locations~~ are:		The Provincial Court has special rules just for family law proceedings. These are contained in the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. These rules set out different procedures to follow depending on the type of registry that your court proceeding was filed in. This means that the rules can vary significantly depending on where you are in the province. Make sure you know which type of registry your family law matter is filed at. The types are:
	* ''Early Resolution Registries''. (Currently, Victoria, Surrey and Port Coquitlam, although 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.) These Provincial Court registries follow a ~~fairly new kind of~~ procedure that's designed to resolve cases without the need for going to court. ~~The early resolution process in these registries is a much different procedure 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~~. Before going to court, parties must:		* ''Early Resolution Registries''. These Provincial Court registries follow a procedure that's designed to resolve cases without the need for going to court. As of May 1, 2026, Early Resolution Registries include Provincial Court registries in the Fraser, Interior, Vancouver Island, and Vancouver Coastal regions. 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. Before going to court, parties must usually:
	*# meet with a family justice counsellor and undergo a ''needs assessment'' to figure out what the parties need to do and what options and resources are available to them,		*# meet with a family justice counsellor and undergo a ''needs assessment'' to figure out what the parties need to do and what options and resources are available to them,
	*# attend consensual dispute resolution, and		*# attend consensual dispute resolution, if appropriate, and
	*# take a parenting course, such as the free online Parenting After Separation course.		*# take a parenting course, such as the free online Parenting After Separation course, if applicable.
	* ''~~Family Justice~~ Registries''. ~~(Kelowna, Nanaimo, and Vancouver (Robson Square), currently, although in November 2025 Vancouver (Robson Square) will become an~~ Early Resolution ~~Registry.) These registries require parties to take a parenting after separation course and meet with a family justice counsellor to do a needs assessment before going to court.~~		* ''Parenting Education Program Registries''. Provincial Court registries that are not Early Resolution Registries are Parenting Education Program Registries. These registries require that parties who are parents of children under 19, if the parents are seeking orders about parenting, take a parenting after separation course. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. If your matter is in Kamloops, and it looks like it's going to trial, you might hear about that registry's new ''Informal Family Trials Pilot'', which is explained on the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/going-to-court/provincial-court/informal-family-trial-pilot BC Government's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website].
	* ''Parenting Education Program Registries''. ~~All of the other Provincial Court~~ registries require that parties who are parents of children under 19 (if the parents are seeking orders about parenting) take a parenting after separation course. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. These registries are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you're in one of the Early Resolution or Family Justice Registries this will be the registry type you will deal with. If your matter is in Kamloops, and it looks like it's going to trial, you might hear about that registry's new ''Informal Family Trials Pilot'', which is explained on the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/going-to-court/provincial-court/informal-family-trial-pilot BC Government's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website].

	The requirements are different in each type of registry, so please read the chapter on [[Family Law Litigation in Provincial Court]] for more information.		The requirements are different in each type of registry, so please read the chapter on [[Family Law Litigation in Provincial Court]] for more information.
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	====Provincial Court procedure based on location of registry====		====Provincial Court procedure based on location of registry====
	Provincial Court Family Rules changed considerably in 2021. Provincial Court procedure now depends on where the parties live and in which registry the claim is filed. ~~At the time of writing, there~~ are ~~effectively three~~ types of Provincial Court registries~~, as noted above~~.		Provincial Court Family Rules changed considerably in 2021. Provincial Court procedure now depends on where the parties live and in which registry the claim is filed. There are two types of Provincial Court registries: Early Resolution Registries and Parenting Education Program Registries.

	====General Provincial Court procedure====		====General Provincial Court procedure====
	The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.		The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.

	An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To ~~read more~~ about the Early Resolution process in Early Resolution Registries see the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution BC Government's website], ~~which also makes available a~~ [https://www2.gov.bc.ca/assets/gov/birth-adoption-death-marriage-and-divorce/divorce/family/options/early-resolution/~~early_resolution_process_brochure_september_2024~~.pdf brochure] with a simplified process map. The procedures explained below apply to the Early Resolution Registries only if parties don’t resolve their matter through the Early Resolution Procedure and have to proceed to court.		An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Early Resolution Registries see the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution BC Government's website]. To confirm whether a registry is an Early Resolution Registry, 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], and [https://www2.gov.bc.ca/assets/gov/birth-adoption-death-marriage-and-divorce/divorce/family/options/early-resolution/early_resolution_brochure_may_2026.pdf brochure] with a simplified process map. The procedures explained below apply to the Early Resolution Registries only if parties don’t resolve their matter through the Early Resolution Procedure and have to proceed to court.

	~~In most Provincial Court registries you start~~ by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter\|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. Once served, the respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter\|Form 6]] at the court registry. The court clerk will send a copy of the filed Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case!		After any required early resolution or parenting education steps have been completed, many family law matters proceed by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter\|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. Once served, the respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter\|Form 6]] at the court registry. The court clerk will send a copy of the filed Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case!

	All registry locations require the parties (if there is a matter involving children) to take a ''parenting after separation course~~'', and the Family Justice Registries further require the parties to meet with a ''family justice counsellor'' for a family needs assessment before they can go to see a judge~~. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support, and spousal support. Early Resolution Registries require ~~that~~ parties ~~try~~ to ~~mediate the issues with~~ a ~~family justice counsellor (or~~, if ~~the~~ family justice counsellor ~~or a judge decides that mediation isn’t appropriate, that requirement can be waived.) Depending on the registry, you may need to do these steps~~ before ~~even~~ filing the Form 3 Application About a Family Law Matter.		All registry locations require the parties, if there is a matter involving children, to take a parenting after separation course. Family justice counsellors are government employees trained in mediation who can help with issues about the care of children, child support, and spousal support. Early Resolution Registries also require parties to complete a needs assessment and, if appropriate, attend consensual dispute resolution with a family justice counsellor before filing the Form 3 Application About a Family Law Matter.

	The parties' first appearance before a judge is normally at a ''family management conference'', where the judge (or a family justice manager, but we'll just refer to the judge for simplicity's sake) will see if the parties can resolve their issues early on. A family management conference is a private meeting between the parties, their lawyers — if they have lawyers — and the judge. A judge can make orders at a family management conference even if the parties don't agree, but such orders are on an interim or temporary basis and are often made "without prejudice," meaning that the parties are not prevented from applying for different orders at a later family management conferences, an interim hearing, or at trial. If a party asks for an order that differs from the without prejudice order from a family management conference, that party won't have to argue that something significant changed since that first order was made. By comparison, a judge's order made after a formal hearing or trial is harder to change than one made at a family management conference.		The parties' first appearance before a judge is normally at a ''family management conference'', where the judge (or a family justice manager, but we'll just refer to the judge for simplicity's sake) will see if the parties can resolve their issues early on. A family management conference is a private meeting between the parties, their lawyers — if they have lawyers — and the judge. A judge can make orders at a family management conference even if the parties don't agree, but such orders are on an interim or temporary basis and are often made "without prejudice," meaning that the parties are not prevented from applying for different orders at a later family management conferences, an interim hearing, or at trial. If a party asks for an order that differs from the without prejudice order from a family management conference, that party won't have to argue that something significant changed since that first order was made. By comparison, a judge's order made after a formal hearing or trial is harder to change than one made at a family management conference.

← Older revision		Revision as of 22:50, 2 August 2024
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	The Provincial Court has special rules just for family law proceedings, the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are. It's important to know which type of registry your family law matter is filed at. The types and locations are:		The Provincial Court has special rules just for family law proceedings, the [https://canlii.ca/t/b8rn Provincial Court Family Rules]. Within these rules, there are also different procedures to follow depending on the type of registry, and this means the rules can vary significantly depending where you are. It's important to know which type of registry your family law matter is filed at. The types and locations are:
	* ''Early Resolution Registries'' (currently Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://~~www~~.~~clicklaw.bc.ca/resource~~/~~4843~~ BC Ministry of Attorney General's website], and discussed generally in the [[Resolving Family Law Problems in Court]] chapter.		* ''Early Resolution Registries'' (currently Victoria and Surrey), which follow a much different process (including what forms to use) from the other registries — luckily this is well explained on the [https://bit.ly/4d5xCpG BC Ministry of Attorney General's website], and discussed generally in the [[Resolving Family Law Problems in Court]] chapter.
	* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning.		* ''Family Justice Registries'' (Kelowna, Nanaimo, and Vancouver (Robson Square)), which require parties to go through a family needs assessment at the very beginning.
	* ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website].		* ''Parenting Education Program Registries'', are the default type of registry found in the remaining registry locations of the Provincial Court. Unless you’re in Kelowna, Nanaimo, Surrey, Vancouver, or Victoria, this will be the registry type you'll deal with. (If your matter is in Kamloops, and it looks like it's going to trial, you might need to learn about that registry's new ''Informal Family Court Trials'' pilot, which is explained on the [https://www.provincialcourt.bc.ca/enews/enews-16-05-2022 Provincial Court's website], and on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Legal Aid BC's Family Law website].
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	The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.		The person who starts a proceeding in the Provincial Court is the ''applicant''. The person against whom the court proceeding is brought is the ''respondent''.

	An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://~~www~~.~~clicklaw.bc.ca/resource~~/~~4843~~ BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries.		An applicant starts by filing a form, although a different form is needed for ''Early Resolution Registries'' than in other Provincial Court registry locations. To read more about the Early Resolution process in Victoria and Surrey see the [https://bit.ly/4d5xCpG BC Ministry of Attorney General's website], which also makes available a brochure with a simplified process map. The procedures explained below do not apply to the Early Resolution Registries.

	In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter\|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter\|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case!		In most Provincial Court registries you start by filing an Application About a Family Law Matter in [[PCFR Form 3 Application About a Family Law Matter\|Form 3]] and then serving it on each person named as a respondent. The form must be ''personally served'' on the respondent by an adult other than the applicant — you can't do it yourself. The respondent has 30 days to answer the claim by filing a Reply to an Application About a Family Law Matter in [[PCFR Form 6 Reply to an Application About a Family Law Matter\|Form 6]] at the court registry. The court clerk will send a copy of the Reply to the applicant. The Reply can also be used to make a ''counter application'', the respondent's own claim against the applicant. A respondent who does not file a Reply to an Application About a Family Law Matter is not entitled to notice of further hearings in the case!
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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]
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2627~~ "Family Law in BC: Quick Reference Tool"] from Legal Aid BC		* [https://family.legalaid.bc.ca/resources/family-law-bc-quick-reference-tool "Family Law in BC: Quick Reference Tool"] from Legal Aid BC
	* [https://~~www.clicklaw.bc~~.~~ca/resource~~/~~4039~~ "Preparing for a Family Court Trial in Provincial Court"] from the Provincial Court of British Columbia		* [https://perma.cc/WA4T-DAG6 "Preparing for a Family Court Trial in Provincial Court"] from the Provincial Court of British Columbia
	* ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]''		* ''[https://canlii.ca/t/srvn The CanLII Manual to British Columbia Civil Litigation]''
	* [https://~~www~~.~~clicklaw~~.bc.ca/~~resource/4640~~ Legal Aid BC's Family Law website's information page "BC Legal System"]		* [https://family.legalaid.bc.ca/bc-legal-system Legal Aid BC's Family Law website's information page "BC Legal System"]

	===Links===		===Links===
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	* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website]		* [https://www.bccourts.ca/supreme_court/index.aspx Supreme Court website]
	* [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website]		* [https://www.bccourts.ca/Court_of_Appeal/index.aspx Court of Appeal website]
	* [~~http~~://canlii.org CanLII]		* [https://canlii.org CanLII]

← Older revision		Revision as of 23:46, 21 February 2024
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	A respondent may reply to a Notice of Family Claim by filing a ''Response to Family Claim'' (Form F4). A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case! The respondent may also file a ''Counterclaim'' (Form F5). A counterclaim is used to describe the respondent's own claim against the applicant.		A respondent may reply to a Notice of Family Claim by filing a ''Response to Family Claim'' (Form F4). A respondent who does not file a Response to Family Claim is not entitled to notice of further hearings in the case! The respondent may also file a ''Counterclaim'' (Form F5). A counterclaim is used to describe the respondent's own claim against the applicant.

	In general, before anyone can do anything else, the parties must attend a ''judicial case conference''. A judicial case conference is a private meeting between the parties, their lawyers, and ~~a master~~ or judge to talk about the legal issues and see whether any of them can be settled. The ~~master~~ or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful. Cases, even difficult ones, sometimes settle at judicial case conferences!		In general, before anyone can do anything else, the parties must attend a ''judicial case conference''. A judicial case conference is a private meeting between the parties, their lawyers, and an associate judge or judge to talk about the legal issues and see whether any of them can be settled. The associate judge or judge who hears a judicial case conference cannot make orders, except for procedural orders, without the parties' agreement. Judicial case conferences can be very helpful. Cases, even difficult ones, sometimes settle at judicial case conferences!
	''Interim applications'', applications for temporary orders, can be made by filing a ''Notice of Application'' (Form F31) and an ''Affidavit'' (Form F30) in court. An affidavit is a person's written evidence, which the person swears or affirms is true before a lawyer, notary public, or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an ''Application Response'' (Form F32) and an ''Affidavit'' within five business days after service of the Notice of Application.		''Interim applications'', applications for temporary orders, can be made by filing a ''Notice of Application'' (Form F31) and an ''Affidavit'' (Form F30) in court. An affidavit is a person's written evidence, which the person swears or affirms is true before a lawyer, notary public, or court staff member able to take oaths. The person making an application is the ''applicant''; the person against whom an application is brought is the ''application respondent''. An application respondent may reply to a Notice of Application by filing an ''Application Response'' (Form F32) and an ''Affidavit'' within five business days after service of the Notice of Application.

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	====Addressing the court====		====Addressing the court====

	There are two kinds of judicial officials at the Supreme Court that hear applications and trials, ''~~masters~~'' and ''justices'', both of whom we'll refer to as "judges" for convenience.		There are two kinds of judicial officials at the Supreme Court that hear applications and trials, ''associate judges'' and ''justices'', both of whom we'll refer to as "judges" for convenience.

	~~Masters~~ deal with a wide variety of applications in Supreme Court Chambers. ~~They~~ deal mainly with interim applications and hear judicial cases conferences. ~~Masters~~ of the Supreme Court are addressed as "Your Honour."		Associate judges (called ''masters'' until January 2024 when their title was changed) deal with a wide variety of applications in Supreme Court Chambers, but they do not have the full range of judicial authority that a ''justice'' has, and they do not have the authority to make final orders. Associate judges deal mainly with interim applications and hear judicial cases conferences. Associate judges of the Supreme Court are addressed as "Your Honour."

	Justices can also hear interim applications and judicial cases conferences, but are mostly assigned to hear trials and applications to change final orders. Until a couple years ago, justices were addressed by the ancient-sounding terms "My Lord" or "My Lady," or, if you wanted, as "Your Lordship" or "Your Ladyship." As of the end of 2021, a justice of the BC Supreme Court is to be addressed as "Chief Justice", "Associate Chief Justice", "Justice", "Madam Justice", or "Mr. Justice" as the context requires. The old terms "My Lord", "My Lady", "Your Lordship", and "Your Ladyship" are to be avoided.		Justices can also hear interim applications and judicial cases conferences, but are mostly assigned to hear trials and applications to change final orders. Until a couple years ago, justices were addressed by the ancient-sounding terms "My Lord" or "My Lady," or, if you wanted, as "Your Lordship" or "Your Ladyship." As of the end of 2021, a justice of the BC Supreme Court is to be addressed as "Chief Justice", "Associate Chief Justice", "Justice", "Madam Justice", or "Mr. Justice" as the context requires. The old terms "My Lord", "My Lady", "Your Lordship", and "Your Ladyship" are to be avoided.
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	====Appeals====		====Appeals====

	Interim orders of ~~masters~~ may be ''appealed'' to a justice of the Supreme Court. A party appealing the order of ~~a master~~ must file a ''Notice of Appeal'' (Form F98) in the Supreme Court within 14 days of the date the order was made.		Interim orders of associate judges may be ''appealed'' to a justice of the Supreme Court. A party appealing the order of an associate judge must file a ''Notice of Appeal'' (Form F98) in the Supreme Court within 14 days of the date the order was made.

	Interim and final orders of justices of the Supreme Court are ''appealed'' to the Court of Appeal ~~and~~ must be brought within 30 days of the date of the order. Appeals of interim orders are generally ''limited appeal orders'' and require the permission of the Court of Appeal before they will be heard, called ''leave''. Appeals of final orders don't need leave to proceed. Appeals to the Court of Appeal proceed under the ''[[https://canlii.ca/t/b96x Court of Appeal Act]]'' and the [https://canlii.ca/t/bgkw Court of Appeal's rules of court] and court forms.		Interim and final orders of justices of the Supreme Court are ''appealed'' to the Court of Appeal. This is a more rigorous process. An appeal of a justice's order to the Court of appeal must be brought within 30 days of the date of the order. Appeals of interim orders are generally ''limited appeal orders'' and require the permission of the Court of Appeal before they will be heard. This permission is called ''leave''. Appeals of final orders don't need leave to proceed. Appeals to the Court of Appeal proceed under the ''[[https://canlii.ca/t/b96x Court of Appeal Act]]'' and the [https://canlii.ca/t/bgkw Court of Appeal's rules of court] and court forms.

	It's important to know that an order that is appealed remains in effect unless the ~~master~~ or justice who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing.		It's important to know that an order that is appealed remains in effect unless the associate judges or justice who made the order says otherwise. Starting an appeal doesn't mean that you can ignore the order you are appealing.

	See [[How Do I Appeal an Interim Supreme Court Decision?]] and [[How Do I Appeal an Interim Supreme Court Decision?]] under the Helpful Guides & Common Questions section for more information on appealing Supreme Court orders.		See [[How Do I Appeal an Interim Supreme Court Decision?]] and [[How Do I Appeal an Interim Supreme Court Decision?]] under the Helpful Guides & Common Questions section for more information on appealing Supreme Court orders.
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	====Procedure====		====Procedure====

	Appeals of final Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Final Supreme Court Decision?]]. They must be started within 30 days of the date the order was made. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has to file a ''Notice of Appearance'', and may serve their own''Notice of Cross Appeal'', which is only necessary if the respondent also wants to appeal the Supreme Court's order and is asking for different orders than the appellant.		Appeals of final Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Final Supreme Court Decision?]]. They must be started within 30 days of the date the order was made. The person who starts an appeal is the ''appellant'', the other parties are ''respondents''. The appellant must serve the Notice of Appeal on all respondents. After being served, a respondent has to file a ''Notice of Appearance'', and may serve their own ''Notice of Cross Appeal'', which is only necessary if the respondent also wants to appeal the Supreme Court's order and is asking for different orders than the appellant.

	''Interim applications'', applications for temporary orders, can be made in the Court of Appeal subject to the rules on them being ''limited appeal orders''. Appeals of interim Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Interim Supreme Court Decision?]].		''Interim applications'', applications for temporary orders, can be made in the Court of Appeal subject to the rules on them being ''limited appeal orders''. Appeals of interim Supreme Court orders are discussed in the Helpful Guides & Common Questions section under [[How Do I Appeal a Interim Supreme Court Decision?]].