The Law for Family Matters - Revision history

Nate Russell at 19:20, 7 August 2024

2024-08-07T19:20:54Z

← Older revision		Revision as of 19:20, 7 August 2024
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	===Resources===		===Resources===

	* [https://www.canlii.org/en/commentary/doc/2018CanLIIDocs161~~#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoByCgSgBpltTCIBFRQ3AT0otokLC4EbDtyp8BQkAGU8pAELcASgFEAMioBqAQQByAYRW1SYAEbRS2ONWpA~~ "Canadian Legal Research and Writing Guide"] from CanLII		* [https://www.canlii.org/en/commentary/doc/2018CanLIIDocs161 "Canadian Legal Research and Writing Guide"] from CanLII

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

Nate Russell: Clicklaw directory link edit

2024-08-02T22:53:16Z

Clicklaw directory link edit

← Older revision		Revision as of 22:53, 2 August 2024
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	* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/do-you-need-go-provincial-family-court-or-supreme-court "Do you need to go to Provincial (Family) Court or Supreme Court?"] from Legal Aid BC		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/do-you-need-go-provincial-family-court-or-supreme-court "Do you need to go to Provincial (Family) Court or Supreme Court?"] from Legal Aid BC
	* [https://family.legalaid.bc.ca/scenarios/which-court-go "Which court to go to?"] from Legal Aid BC		* [https://family.legalaid.bc.ca/scenarios/which-court-go "Which court to go to?"] from Legal Aid BC
	* [https://~~www.clicklaw.bc~~.ca/~~resource/1360~~ "Courts of BC"] from Justice Education Society		* [https://courtsofbc.ca/ "Courts of BC"] from Justice Education Society

Nate Russell: From staging 2024

2024-01-11T22:21:02Z

From staging 2024

Nate Russell at 18:29, 17 June 2022

2022-06-17T18:29:45Z

Show changes

Nate Russell: /* Links */

2021-10-18T19:48:30Z

Links

← Older revision		Revision as of 19:48, 18 October 2021
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	* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Court of Appeal for British Columbia]		* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Court of Appeal for British Columbia]
	* [http://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Decisions of the Supreme Court of Canada]		* [http://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Decisions of the Supreme Court of Canada]
	* [http://www.worldcat.org WorldCat]
	* [http://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII)
	* [https://www.courthouselibrary.ca/how-we-can-help/ask-librarian/listing-research-lawyers List of legal research lawyers]


	{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

Nate Russell at 17:23, 18 October 2021

2021-10-18T17:23:36Z

← Older revision		Revision as of 17:23, 18 October 2021
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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	The rules used by the Provincial Court ~~are changing~~. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.		The rules used by the Provincial Court changed in May 2021. Read [[Recent Changes to Family Law in British Columbia]]. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	<!---HIDDEN UNTIL EDITORS DECIDE TO SHOW		<!---HIDDEN UNTIL EDITORS DECIDE TO SHOW

Jpboyd: /* The choice of forum */

2021-03-06T19:55:39Z

The choice of forum

← Older revision		Revision as of 19:55, 6 March 2021
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	While it is possible to start an action in the Provincial Court to deal with one or two issues (like parental responsibilities or child support) and later start an action in the Supreme Court to deal with other issues (like dividing family property or divorce), it's usually best to confine yourself to a single court to avoid overlaps and keep things as simple as possible.		While it is possible to start an action in the Provincial Court to deal with one or two issues (like parental responsibilities or child support) and later start an action in the Supreme Court to deal with other issues (like dividing family property or divorce), it's usually best to confine yourself to a single court to avoid overlaps and keep things as simple as possible.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			The rules used by the Provincial Court are changing. As well, special processes are now being used by the Provincial Court in Victoria and Surrey. If you have a family law case in the Victoria and Surrey courthouses, speak to the court staff about how your case is affected.

	<!---HIDDEN UNTIL EDITORS DECIDE TO SHOW		<!---HIDDEN UNTIL EDITORS DECIDE TO SHOW
	==Further Reading in this Chapter==		==Further Reading in this Chapter==

Jpboyd at 19:55, 6 March 2021

2021-03-06T19:55:02Z

← Older revision		Revision as of 19:55, 6 March 2021
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	This section provides an overview of legislated laws, the common law, and the common law system of justice. It also talks about how to decide whether to begin a court proceeding under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]''.		This section provides an overview of legislated laws, the common law, and the common law system of justice. It also talks about how to decide whether to begin a court proceeding under the ''[[Divorce Act]]'' or the ''[[Family Law Act]]''.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Introduction==		==Introduction==
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	Both the Parliament of Canada and the Legislative Assembly of British Columbia have the power to make laws in their different areas of authority. This kind of law is called legislation, and each piece of legislation, called a statute, is intended to address a specific subject, like how we drive a car or how houses are built, where and when we can fish or hunt, what companies can do, and how schools, hospitals, and the post office work. Legislation governs how we interact with each other and implements government policy.		Both the Parliament of Canada and the Legislative Assembly of British Columbia have the power to make laws in their different areas of authority. This kind of law is called legislation, and each piece of legislation, called a statute, is intended to address a specific subject, like how we drive a car or how houses are built, where and when we can fish or hunt, what companies can do, and how schools, hospitals, and the post office work. Legislation governs how we interact with each other and implements government policy.

	Government can also make regulations for a particular piece of statute that might contain important additional rules or say how the legislation is to be interpreted. The big difference between legislation and regulations is that legislation is publicly debated and voted on by the members of Parliament or the Legislative Assembly. Regulations are made by government without the necessity of a parliamentary vote, and often don't get much publicity as a result.		Government can also make regulations for a particular piece of statute law that might contain important additional rules or say how the legislation is to be interpreted. The big difference between legislation and regulations is that legislation is publicly debated and voted on by the members of Parliament or the Legislative Assembly. Regulations are made by government without the necessity of a parliamentary vote, and often don't get much publicity as a result.

	Because statutes and regulations have such a big impact on how we live our lives, they are relatively easy to find and relatively easy to understand. Unlike the common law, legislation is written down and organized. All of the current federal statutes can be found on the website of the [http://laws-lois.justice.gc.ca/eng/ Department of Justice]. All of the current provincial statutes can be found on the [http://www.bclaws.ca/ BC Laws] website run by the Queen's Printer.		Because statutes and regulations have such a big impact on how we live our lives, they are relatively easy to find and relatively easy to understand. Unlike the common law, legislation is written down and organized. All of the current federal statutes can be found on the website of the [http://laws-lois.justice.gc.ca/eng/ Department of Justice]. All of the current provincial statutes can be found on the [http://www.bclaws.ca/ BC Laws] website run by the Queen's Printer.
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	Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[http://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[http://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[http://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company.		Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[http://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[http://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[http://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[http://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	==Choosing the law and the court==		==Choosing the law and the court==
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	{{REVIEWED \| reviewer = [[~~Bob Mostar]] and [[Mark Norton~~]], ~~June 24~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

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

Nate Russell at 02:47, 1 August 2019

2019-08-01T02:47:15Z

← Older revision		Revision as of 02:47, 1 August 2019
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	Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking at these decisions. These decisions are written down and printed in books. These books, depending on the publisher, are issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', are where the past decisions of the courts are available if you need to make an argument about how the law applies to your particular situation. The most important reporter for family law is called the ''Reports on Family Law'', or the RFL for short, published by Carswell. You can find collections of case law reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours.		Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking at these decisions. These decisions are written down and printed in books. These books, depending on the publisher, are issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', are where the past decisions of the courts are available if you need to make an argument about how the law applies to your particular situation. The most important reporter for family law is called the ''Reports on Family Law'', or the RFL for short, published by Carswell. You can find collections of case law reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours.

	Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from libraries. [http://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. ~~There are video tutorials on using CanLII effectively, courtesy of~~ [~~http~~://~~blog~~.canlii.org/~~2012~~/07/~~06/one~~-~~minute~~-legal-research-a-~~student-made-video-series/ CanLII's blog]~~.		Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from libraries. [http://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. [https://commentary.canlii.org/w/canlii/2018CanLIIDocs161 ''The Canadian Legal Research and Writing Guide''] is a free and comprehensive manual and step-by-step guide on how to perform legal research in Canada. It is based on the work of a well-respected legal research expert, Catherine Best.

	The courts also post case law on their respective websites. Search the judgments of:		The courts also post case law on their respective websites. Search the judgments of:
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	Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria, and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and <span class="noglossary">contact</span> information.		Legal research can be terribly complex, partly because there are so many different reporters and partly because there are so many cases. In fact, legal research is the subject of a whole course at law school. You can get some help from the librarians at your local courthouse law library or university law library, all of whom are really quite helpful. In fact, the law library at UBC has a research desk that can help with certain limited matters. You might also consider hiring a law student to plough through the law for you, and the law schools at UBC, the University of Victoria, and Thompson Rivers University <span class="noglossary">will</span> have job posting boards where you can put up a note about your needs and <span class="noglossary">contact</span> information.

	If all else fails, or your issue is really complex, try hiring a professional legal researcher. The Legal Research section of the Canadian Bar Association BC maintains a list of freelance research lawyers, available on the [~~http~~://www.courthouselibrary.ca/~~clientservices~~/~~researchers.aspx~~ Courthouse Libraries BC] website.		If all else fails, or your issue is really complex, try hiring a professional legal researcher. The Legal Research section of the Canadian Bar Association BC maintains a list of freelance research lawyers, available on the [https://www.courthouselibrary.ca/how-we-can-help/ask-librarian/listing-research-lawyers Courthouse Libraries BC] website.

	==Legislation==		==Legislation==
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	* [http://www.worldcat.org WorldCat]		* [http://www.worldcat.org WorldCat]
	* [http://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII)		* [http://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII)
	* [~~http~~://www.courthouselibrary.ca/~~clientservices~~/~~researchers.aspx~~ List of legal research lawyers]		* [https://www.courthouselibrary.ca/how-we-can-help/ask-librarian/listing-research-lawyers List of legal research lawyers]

Nate Russell at 18:37, 30 July 2019

2019-07-30T18:37:33Z

← Older revision		Revision as of 18:37, 30 July 2019
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	===The common law and legislation===		===The common law and legislation===

	This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles; it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, [http://canlii.ca/t/7vbw#sec15.2subsec4 s. 15.2(4)] of the ''[[Divorce Act]]'' says that in considering a claim for spousal support, the court must:		This leads to another important aspect of our legal system and the common law. The courts and the common law also play a role in interpreting laws made by the governments. Much of the case law in family law matters doesn't deal with ancient common law principles; it deals with how the courts have interpreted the legislation bearing on family law in the past. For example, [http://canlii.ca/t/7vbw#sec15.2subsec4 section 15.2(4)] of the ''[[Divorce Act]]'' says that in considering a claim for spousal support, the court must:

	<blockquote><tt>		<blockquote><tt>
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	===The division of powers===		===The division of powers===

	The governments' different areas of legislative authority are set out in [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-18 ~~ss.~~ 91] and [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-19 92] of the ''[http://laws-lois.justice.gc.ca/eng/Const/page-1.html Constitution Act, 1867]''. The federal government can only make laws about the subjects set out in s. 91, and the provincial governments can only make laws about the subjects set out in s. 92.		The governments' different areas of legislative authority are set out in [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-18 sections 91] and [http://laws-lois.justice.gc.ca/eng/Const/page-4.html#h-19 92] of the ''[http://laws-lois.justice.gc.ca/eng/Const/page-1.html Constitution Act, 1867]''. The federal government can only make laws about the subjects set out in section 91, and the provincial governments can only make laws about the subjects set out in section 92.

	From a family law perspective, this means that only the federal government has the authority to make laws about marriage and divorce, while the provincial governments have the exclusive authority to make laws about marriage ceremonies, the division of property, and civil rights. As a result, the federal ''[[Divorce Act]]'' talks about divorce and issues that are related to divorce, like the care of children, child support, and spousal support. The provincial ''[[Family Law Act]]'' talks about the care of children, child support, and spousal support as well, but also talks about the division of family property and family debt, the management of children's property, and determining the parentage of children.		From a family law perspective, this means that only the federal government has the authority to make laws about marriage and divorce, while the provincial governments have the exclusive authority to make laws about marriage ceremonies, the division of property, and civil rights. As a result, the federal ''[[Divorce Act]]'' talks about divorce and issues that are related to divorce, like the care of children, child support, and spousal support. The provincial ''[[Family Law Act]]'' talks about the care of children, child support, and spousal support as well, but also talks about the division of family property and family debt, the management of children's property, and determining the parentage of children.

← Older revision		Revision as of 22:21, 11 January 2024
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	Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking through these decisions. These decisions used to be only available in books. Those books, depending on the publisher, were issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', were where the past decisions of the courts could be found if you needed to make an argument about how the law applied to your particular situation. You can still find collections of reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours.		Because the common law consists of the decisions of judges made over the past several hundred years, the common law is researched by looking through these decisions. These decisions used to be only available in books. Those books, depending on the publisher, were issued on a monthly, quarterly, or annual basis. (When you see a promotional photograph of a lawyer <span class="noglossary">standing</span> in front of a giant rack of musty, leather-bound books, the lawyer is <span class="noglossary">standing</span> in front of these collections of the case law.) These books, called ''reporters'', were where the past decisions of the courts could be found if you needed to make an argument about how the law applied to your particular situation. You can still find collections of reporters in the library of your local courthouse or at a law school in your neighbourhood. These libraries are open to the public, although they may have restricted business hours.

	Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from the library. [~~http~~://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. CanLII is, without a doubt, the best place to find case law.		Thankfully, these days almost every important decision is published online as well. This makes research a lot easier and saves a lot of time travelling to and from the library. [https://canlii.org CanLII], the Canadian Legal Information Institute, has a collection of most cases published since 1990 and a growing number of older cases from all parts of Canada. CanLII is, without a doubt, the best place to find case law.

	The courts also post case law on their respective websites. You can search the judgments of:		The courts also post case law on their respective websites. You can search the judgments of:

	*the [~~http~~://www.provincialcourt.bc.ca/judgments-decisions Provincial Court of British Columbia],		*the [https://www.provincialcourt.bc.ca/judgments-decisions Provincial Court of British Columbia],
	*the [https://www.bccourts.ca/search_judgments.aspx Supreme Court of British Columbia],		*the [https://www.bccourts.ca/search_judgments.aspx Supreme Court of British Columbia],
	*the [https://www.bccourts.ca/search_judgments.aspx Court of Appeal for British Columbia], and		*the [https://www.bccourts.ca/search_judgments.aspx Court of Appeal for British Columbia], and
	*the [~~http~~://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Supreme Court of Canada].		*the [https://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Supreme Court of Canada].

	These websites also keep lists of recently released decisions that may be published there before making it to CanLII.		These websites also keep lists of recently released decisions that may be published there before making it to CanLII.
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	*spousal support,		*spousal support,
	*family property, family debt, and excluded property,		*family property, family debt, and excluded property,
			*companion animals,
	*managing children's property,		*managing children's property,
	*orders protecting people, and		*orders protecting people, and
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	*disclosure of financial information.		*disclosure of financial information.

	Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[~~http~~://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[~~http~~://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[~~http~~://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[~~http~~://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company.		Because family law issues can be very broad and touch on other areas of law, such as contract law or company law, other pieces of legislation may also apply to a problem. For example, the ''[https://canlii.ca/t/8481 Name Act]'' allows a spouse to change their name following a divorce, the ''[https://canlii.ca/t/84g5 Adoption Act]'' deals with adoption, the ''[http://canlii.ca/t/8456 Land Title Act]'' deals with real property, the ''[https://canlii.ca/t/848q Partition of Property Act]'' allows a co-owner of real property to force the sale of the property, and the ''[https://canlii.ca/t/84ld Business Corporations Act]'' deals with the incorporation of companies, shareholders' loans, and other things that may be important if a spouse owns or controls a company.

	==Choosing the law and the court==		==Choosing the law and the court==
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	*guardianship and parenting children under the ''Family Law Act'',		*guardianship and parenting children under the ''Family Law Act'',
	*moving away, with or without children, under the ''Family Law Act'',		*moving away, with or without children, under the ''Family Law Act'',
	*spousal support and child support under the ''Family Law Act'', and		*spousal support and child support under the ''Family Law Act'',
			*companion animals, and
	*orders for the protection of people under the ''Family Law Act''.		*orders for the protection of people under the ''Family Law Act''.

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	*spousal support and child support under both the ''Divorce Act'' and the ''Family Law Act'',		*spousal support and child support under both the ''Divorce Act'' and the ''Family Law Act'',
	*dividing property and debt under the ''Family Law Act'',		*dividing property and debt under the ''Family Law Act'',
			*companion animals under the ''Family Law Act'',
	*orders for the protection of people under the ''Family Law Act'', and		*orders for the protection of people under the ''Family Law Act'', and
	*orders for the protection of property under the ''Family Law Act''.		*orders for the protection of property under the ''Family Law Act''.

	As you can see, if you wish to make claims about divorce, determining the parentage of a child, managing children's property, dividing property and debt, or protecting property, you must make your application to the Supreme Court. Otherwise, you can make your claim in either court.		As you can see, if you wish to make claims about divorce, determining the parentage of a child, managing children's property, dividing property (other than a companion animal) and debt, or protecting property, you must make your application to the Supreme Court. Otherwise, you can make your claim in either court.

	Making matters worse, there can be court proceedings happening at the same time, involving the same people and possibly the same problems, before both the Provincial Court and the Supreme Court. For example, a claim for a couple's divorce can be before the Supreme Court at the same time as an application about parental responsibilities and spousal support is being heard by the Provincial Court. That's not so bad, because each court is dealing with different legal issues. Where it gets hairy is when someone starts a claim in the Provincial Court — usually because that court doesn't charge filing fees and is a little bit easier to navigate — and the other side starts a claim in the Supreme Court on the same legal issues plus a few more that the Provincial Court can't deal with, like the division of property. In cases like that, either party can make an application that the proceedings in the Provincial Court be ''joined'' with those in the Supreme Court so that they are heard at the same time before the same court.		Making matters worse, there can be court proceedings happening at the same time, involving the same people and possibly the same problems, before both the Provincial Court and the Supreme Court. For example, a claim for a couple's divorce can be before the Supreme Court at the same time as an application about parental responsibilities and spousal support is being heard by the Provincial Court. That's not so bad, because each court is dealing with different legal issues. Where it gets hairy is when someone starts a claim in the Provincial Court — usually because that court doesn't charge filing fees and is a little bit easier to navigate — and the other side starts a claim in the Supreme Court on the same legal issues plus a few more that the Provincial Court can't deal with, like the division of property. In cases like that, either party can make an application that the proceedings in the Provincial Court be ''joined'' with those in the Supreme Court so that they are heard at the same time before the same court.
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	''Forum'' means place. In family law matters, the choice of forum is about choosing which of the two trial courts to make a claim in, the ''place'' of your trial. The Provincial Court has certain limits to its authority and, as a result, has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with almost every legal issue. It also has something called ''inherent jurisdiction'', meaning that the Supreme Court, unlike the Provincial Court, is not limited to the authority it is given by legislation. It is safe to say that, as far as family matters are concerned, the Supreme Court can deal with everything the Provincial Court can, as well as everything it can't.		''Forum'' means place. In family law matters, the choice of forum is about choosing which of the two trial courts to make a claim in, the ''place'' of your trial. The Provincial Court has certain limits to its authority and, as a result, has limits on the kinds of claims it can hear. The Supreme Court has the authority to deal with almost every legal issue. It also has something called ''inherent jurisdiction'', meaning that the Supreme Court, unlike the Provincial Court, is not limited to the authority it is given by legislation. It is safe to say that, as far as family matters are concerned, the Supreme Court can deal with everything the Provincial Court can, as well as everything it can't.

	Other things to think about when making the choice of forum are complexity and cost. The process of each court is guided by each court's set of rules. The [~~http~~://canlii.ca/t/8mcr Supreme Court Family Rules] offer a much wider variety of tools than the [~~http~~://canlii.ca/t/~~85pb~~ Provincial Court Family Rules], but the rules of the Supreme Court are much, much more complicated than the rules of the Provincial Court. The Provincial Court charges no filing fees and has a relatively streamlined procedure. The Supreme Court charges filing fees, and the extra tools available under the Supreme Court Family Rules are helpful but add to the cost of bringing a proceeding to trial.		Other things to think about when making the choice of forum are complexity and cost. The process of each court is guided by each court's set of rules. The [https://canlii.ca/t/8mcr Supreme Court Family Rules] offer a much wider variety of tools than the [https://canlii.ca/t/b8rn Provincial Court Family Rules], but the rules of the Supreme Court are much, much more complicated than the rules of the Provincial Court. The Provincial Court charges no filing fees and has a relatively streamlined procedure. The Supreme Court charges filing fees, and the extra tools available under the Supreme Court Family Rules are helpful but add to the cost of bringing a proceeding to trial.

	This chart shows which level of court can deal with which issue:		This chart shows which level of court can deal with which issue:
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	\|align="center"\|'''Spousal support\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Spousal support\|\|align="center"\|Yes\|\|align="center"\|Yes
	\|-		\|-
	\|align="center"\|'''Property and debt'''\|\| \|\|align="center"\|Yes		\|align="center"\|'''Property and debt'''\|\|align="center"\|Pets only\|\|align="center"\|Yes
	\|-		\|-
	\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes		\|align="center"\|'''Orders protecting people'''\|\|align="center"\|Yes\|\|align="center"\|Yes
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	===Links===		===Links===

	* [~~http~~://www.canlii.org CanLII]		* [https://www.canlii.org CanLII]
	* [~~http~~://www.provincialcourt.bc.ca/judgments-decisions Decisions of the Provincial Court of British Columbia]		* [https://www.provincialcourt.bc.ca/judgments-decisions Decisions of the Provincial Court of British Columbia]
	* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Supreme Court of British Columbia]		* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Supreme Court of British Columbia]
	* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Court of Appeal for British Columbia]		* [https://www.bccourts.ca/search_judgments.aspx Decisions of the Court of Appeal for British Columbia]
	* [~~http~~://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Decisions of the Supreme Court of Canada]		* [https://scc.lexum.org/decisia-scc-csc/scc-csc/en/nav.do Decisions of the Supreme Court of Canada]
	* [~~http~~://www.worldcat.org WorldCat]		* [https://www.worldcat.org WorldCat]
	* [~~http~~://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII)		* [https://blog.canlii.org/2012/07/06/one-minute-legal-research-a-student-made-video-series/ CanLII blog] (video tutorials on using CanLII)
	* [https://www.provincialcourt.bc.ca/types-of-cases/family-matters "Family Cases"] from the Provincial Court of BC		* [https://www.provincialcourt.bc.ca/types-of-cases/family-matters "Family Cases"] from the Provincial Court of BC
	* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/do-you-need-go-provincial-family-court-or-supreme-court "Do you need to go to Provincial (Family) Court or Supreme Court?"] from Legal Aid BC		* [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/do-you-need-go-provincial-family-court-or-supreme-court "Do you need to go to Provincial (Family) Court or Supreme Court?"] from Legal Aid BC
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	{{REVIEWED \| reviewer = [[JP Boyd]], 19 ~~February 2020~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 19 November 2023}}

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