The Court System for Family Matters - Revision history

Nate Russell: /* BC Supreme Court procedure */

2026-10-02T22:55:11Z

BC Supreme Court procedure

← Older revision		Revision as of 22:55, 2 October 2026
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	If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case.		If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case.

	Applications to change, suspend, or terminate a final order follow the same serve-then-file process. The applicant must personally serve the unfiled Notice of Application and the other required application materials. The application respondent has 14 days after service to serve a response; these are days, not business days. The response is filed after the applicant files the Notice of Hearing of Application and before the hearing begins. The same 14-day response period and personal-service requirement apply to applications about a filed agreement, a parenting coordinator's determination, or an arbitration award.		Applications to change, suspend, or terminate a final order follow the same serve-then-file process. The applicant must personally serve the unfiled Notice of Application and the other required application materials. The application respondent has 14 days after service to serve a response; these are days, not business days. The response is filed after the applicant files the Notice of Hearing of Application and before the hearing begins. The same 14 day response period and personal service requirement apply to applications about a filed agreement, a parenting coordinator's determination, or an arbitration award.

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

Nate Russell: /* BC Supreme Court procedure */

2026-10-02T22:53:37Z

BC Supreme Court procedure

← Older revision		Revision as of 22:53, 2 October 2026
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	An application respondent who wishes to respond must serve an unfiled Form F32 ''Application Response'' and copies of any affidavits or other evidence they intend to rely on that have not already been served. The usual time to respond is five business days after service. The response period is 21 days for a summary trial application and 14 days for an application to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; or to change, suspend, or terminate an arbitration award. The 21-day and 14-day periods are not business days. The application respondent does not file these materials at this stage.		An application respondent who wishes to respond must serve an unfiled Form F32 ''Application Response'' and copies of any affidavits or other evidence they intend to rely on that have not already been served. The usual time to respond is five business days after service. The response period is 21 days for a summary trial application and 14 days for an application to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; or to change, suspend, or terminate an arbitration award. The 21-day and 14-day periods are not business days. The application respondent does not file these materials at this stage.

	The applicant may serve reply affidavits within three business days after receiving the response materials, or within five business days for the applications with longer response periods. The applicant must file any reply affidavits by 4 ~~p.m.~~ on the business day that is two business days before the hearing.		The applicant may serve reply affidavits within three business days after receiving the response materials, or within five business days for the applications with longer response periods. The applicant must file any reply affidavits by 4:00 pm on the business day that is two business days before the hearing.

	The applicant may set the application for hearing only after each person required to be served has served an Application Response or their time to respond has expired. The applicant then files a Notice of Hearing of Application in Form F31.1, the Notice of Application that was served, and any other required application materials that have not already been filed. The filed Form F31.1 must be served on each application respondent. For most applications, it must be served at least four business days before the hearing; for the applications listed above, at least seven days before. If the hearing is estimated to take more than two hours, a registrar fixes the hearing date and time, and the notice must be served within seven days after the registrar fixes the date and at least 14 days before the hearing.		The applicant may set the application for hearing only after each person required to be served has served an Application Response or their time to respond has expired. The applicant then files a Notice of Hearing of Application in Form F31.1, the Notice of Application that was served, and any other required application materials that have not already been filed. The filed Form F31.1 must be served on each application respondent. For most applications, it must be served at least four business days before the hearing; for the applications listed above, at least seven days before. If the hearing is estimated to take more than two hours, a registrar fixes the hearing date and time, and the notice must be served within seven days after the registrar fixes the date and at least 14 days before the hearing.

Nate Russell: /* BC Supreme Court procedure */

2026-10-02T22:52:14Z

BC Supreme Court procedure

← Older revision		Revision as of 22:52, 2 October 2026
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	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!		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 Form F31 ''Notice of Application'' and a Form F30 ~~''Affidavit'' 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 a~~ Form F32 ''Application Response'' and an '~~'Affidavit''~~ within five business days after ~~service~~ of the Notice of Application.
			''Interim applications'', which seek temporary orders or other relief before trial, are made by preparing a Form F31 ''Notice of Application'' and one or more affidavits in Form F30. The applicant must first serve an unfiled copy of the notice and copies of any affidavits or other evidence they intend to rely on that have not already been served. The materials must be served on each party and on anyone else who may be affected by the orders sought. Depending on the application, other materials may also have to be served. The applicant does not file these materials at this stage.

			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''; a person who responds is an ''application respondent''.

			An application respondent who wishes to respond must serve an unfiled Form F32 ''Application Response'' and copies of any affidavits or other evidence they intend to rely on that have not already been served. The usual time to respond is five business days after service. The response period is 21 days for a summary trial application and 14 days for an application to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; or to change, suspend, or terminate an arbitration award. The 21-day and 14-day periods are not business days. The application respondent does not file these materials at this stage.

			The applicant may serve reply affidavits within three business days after receiving the response materials, or within five business days for the applications with longer response periods. The applicant must file any reply affidavits by 4 p.m. on the business day that is two business days before the hearing.

			The applicant may set the application for hearing only after each person required to be served has served an Application Response or their time to respond has expired. The applicant then files a Notice of Hearing of Application in Form F31.1, the Notice of Application that was served, and any other required application materials that have not already been filed. The filed Form F31.1 must be served on each application respondent. For most applications, it must be served at least four business days before the hearing; for the applications listed above, at least seven days before. If the hearing is estimated to take more than two hours, a registrar fixes the hearing date and time, and the notice must be served within seven days after the registrar fixes the date and at least 14 days before the hearing.

			After the Form F31.1 is filed, each application respondent must file their served Application Response and any supporting materials that have not already been filed, before the hearing begins. For more information about application records and the steps for bringing an application, see [[Interim Applications and Supreme Court Family Law Proceedings]].

	If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case.		If the legal issues in the court proceeding aren't settled, there will be a ''trial''. At the trial, each side will present their evidence and their arguments, and the judge will make a decision about the legal issues, called a ''judgment''. The judgment will describe not only the judge's ''final orders'' on the legal issues, but the judge's decisions about the facts of the case and the law that applies to the case.

	Applications to ''change final ~~orders'' are made by filing a Form F31~~ Notice of Application and ~~an ''Affidavit'' in court and serving them on~~ the other ~~parties~~. The ~~process works just like the process for interim applications, except that the~~ application respondent has 14 business days ~~from~~ the ~~date~~ of ~~service~~ of the ~~application materials~~ to ~~reply to the application~~.		Applications to change, suspend, or terminate a final order follow the same serve-then-file process. The applicant must personally serve the unfiled Notice of Application and the other required application materials. The application respondent has 14 days after service to serve a response; these are days, not business days. The response is filed after the applicant files the Notice of Hearing of Application and before the hearing begins. The same 14-day response period and personal-service requirement apply to applications about a filed agreement, a parenting coordinator's determination, or an arbitration award.

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

Nate Russell: Review via FJSD comments

2026-05-14T22:29:44Z

Review via FJSD comments

← Older revision		Revision as of 22:29, 14 May 2026
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	==The Provincial Court==		==The Provincial Court==
	The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules], which govern the Provincial Court's process are written in easy-to-understand language. The Provincial Court doesn't charge any filing fees, and many people who use the Provincial Court don't have a lawyer. Some of the Provincial Court registries have Justice Access Centres where people can speak to family justice counsellors or even lawyers acting as duty counsel free of charge (depending on your eligibility for any help through Legal Aid). There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court.		The Provincial Court can be the most accessible court for people who aren't represented by a lawyer. The [http://canlii.ca/t/b8rn Provincial Court Family Rules], which govern the Provincial Court's process are written in easy-to-understand language. The Provincial Court doesn't charge any filing fees, and many people who use the Provincial Court don't have a lawyer. Some of the Provincial Court registries have [https://www.clicklaw.bc.ca/services/justice-access-centres Justice Access Centres] or [https://www.clicklaw.bc.ca/services/family-justice-centres Family Justice Centres] where people can speak to family justice counsellors or even lawyers acting as duty counsel free of charge (depending on your eligibility for any help through Legal Aid). There are also many more courthouses across the province for the Provincial Court than there are for the Supreme Court.

	There are four divisions of the Provincial Court. Provincial Family Court is the one that deals with family law problems.		There are four divisions of the Provincial Court. Provincial Family Court is the one that deals with family law problems.
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	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!		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. 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.		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, guardianship and contact with a child, child support, spousal support, and companion animals (i.e. disputes over family pets). Early Resolution Registries also require parties to complete a needs assessment with a family justice counsellor, and (if appropriate) attend consensual dispute resolution before filing the Form 3 Application About a Family Law Matter. Consensual dispute resolution can be with a family justice counsellor or a [https://www.familylawinbc.ca/visit/child-support-officers child support officer] — both of which work for the Family Justice Services Division — or through a private mediator or collaborative family law process.

	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.
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	* [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://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early Resolution Registries information page] from BC Government's website		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Early Resolution Registries information page] from BC Government's website
			* [https://www.clicklaw.bc.ca/services/justice-access-centres Justice Access Centres information page] from Clicklaw
			* [https://www.clicklaw.bc.ca/services/family-justice-centres Family Justice Centres information page] from Clicklaw
			* [https://www.familylawinbc.ca/visit/child-support-officers child support officers information page] from Family Law in BC website
	* [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Informal Family Trial Pilot (Kamloops)] from Legal Aid BC's Family Law website		* [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/informal-trials-kamloops-court-registry Informal Family Trial Pilot (Kamloops)] from Legal Aid BC's Family Law website
	* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/going-to-court/provincial-court/informal-family-trial-pilot Informal Family Trial Pilot information page] from BC Government's website		* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/going-to-court/provincial-court/informal-family-trial-pilot Informal Family Trial Pilot information page] from BC Government's website

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]]

← 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.