Provincial (Family) Court: Difference between revisions

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/about/team/ People's Law School] |date= January 2022}} {{Dial-A-Law TOC|expanded = disputes}}
If you’re dealing with a family law issue, you may end up in Provincial Court (often called '''Family Court'''). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
If you’re dealing with a family law issue, you may end up in Family Court. (There are advantages to this court over Supreme Court.) Learn what’s involved at each stage.
|align="left"|'''Alert!'''
This information has been updated to reflect [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021 and amendments since then.  
|}


==Understand the legal framework==
==What you should know==


===Family Court is one of two courts that deal with family issues===
===Family Court can deal with many family law issues===
'''Family Court''' is a division of the [http://www.provincialcourt.bc.ca/types-of-cases/family-matters British Columbia Provincial Court]. Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.  
'''Family Court''' is a division of the [https://www.provincialcourt.bc.ca/types-of-cases/family-matters British Columbia Provincial Court]. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)


Family Court deals with most legal issues that impact families, but not all of them. It deals with these issues under the BC ''[http://canlii.ca/t/8q3k Family Law Act]'':
Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html Family Law Act]'':
*guardianship of a child and parental responsibilities
 
*parenting time and contact with a child
* guardianship of a child and parental responsibilities
*child support and spousal support
* parenting time and contact with a child
*protection orders
* child support and spousal support
* protection orders


Family Court also deals with child protection cases.
Family Court also deals with child protection cases.


Family Court '''cannot''':
Family Court '''cannot''' make orders under the federal ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html Divorce Act]''. It can’t:
*grant a divorce
*divide property or debts, or make orders about family property
*change an order that was made under the ''[http://canlii.ca/t/7vbw Divorce Act]''  
*make adoption orders


To deal with these issues, you have to go to [https://www.courts.gov.bc.ca/supreme_court/index.aspx British Columbia Supreme Court].
* grant a divorce
* divide property or debts, or make orders about family property
* change an order that was made under the Divorce Act
* make adoption orders
 
For these issues, you have to go to the [https://www.bccourts.ca/supreme_court/ British Columbia Supreme Court]. This is the other court in BC that also deals with family law issues.


===Advantages of Family Court===
===Advantages of Family Court===
The Supreme Court can deal with all family law issues, including all of the issues the Provincial Court deals with.  
{{PLSStorybox
| image = [[File:Annika.png|link=]]
| text      = “My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
<br>– Annika, Maple Ridge, BC
}}


Given that, why would you want to go to Family Court?
The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?


Family Court has some advantages over Supreme Court:
Family Court has some advantages over Supreme Court:
*The court forms are easier to fill out than Supreme Court forms.
* The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
*No court fees are charged.
* No court fees are charged in Family Court.
*The rules of court are simpler than the rules of the Supreme Court.
* The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
*The atmosphere of Family Court is more informal.
* Family Courts have '''family justice counsellors''' available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
*Family Courts have '''family justice counsellors''' available. These are specially trained government workers who can help people resolve some family law issues, including through mediation. Their services are free.
* The atmosphere of Family Court is more informal.
*Family Courts sometimes have '''family duty counsel''' available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.  
* Many Family Courts have '''family duty counsel''' available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.
 
===The court process varies depending on the registry and order involved===
There are registries at various [https://www.provincialcourt.bc.ca/locations-contacts Provincial Courts throughout BC]. How the Family Court process works depends on the registry location and the type of court order you need.
 
Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.
 
But there are exceptions. In certain circumstances, you can fast forward the process. For example:
 
* If you’re experiencing family violence, you can apply for a '''protection order'''. This a court order to protect one person from another.
* If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an '''order in a priority parenting matter'''.
 
{| class="wikitable"
|align="left"|'''Self-help guides'''
The Family Law in BC website from Legal Aid BC has step-by-step guides on [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order-without#0 applying for a protection order] and [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-order-about-priority-parenting applying for a priority parenting matter order].
|}
 
===Options to resolve a case outside the courtroom===
Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.
 
You might try '''negotiating''' with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.
 
You could try '''mediation'''. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.
 
You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.
 
Or you could try '''collaborative negotiation'''. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.
 
For more on these approaches, see our information on [https://dialalaw.peopleslawschool.ca/mediation-and-collaborative-practice/ mediation, collaborative negotiation, and arbitration].
 
===If you can agree on the issues===
If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a '''consent order'''. Most family law cases are settled by an agreement or consent order.
 
Both parties must sign the written agreement or consent order.
 
Each party should get '''independent legal advice''' from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:
 
* what the agreement means
* what rights and obligations the agreement gives to each party
* how the agreement affects other legal options that might otherwise be available
 
See who can help, below, for options to get legal advice.
 
==Stages in the court process==
 
===Starting a matter in Family Court===
How you start a matter in Family Court depends on the court registry location and the type of court order you seek.
 
In the Victoria and Surrey registries, you have to file [[a notice with the courthttps://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa710.pdf|a notice with the court]], and then meet with a family justice counsellor and satisfy certain requirements before you can start a court matter.


===Starting a case in Family Court===
In other court registries in the province, you can start a court matter by [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true filing an application with the court]. Then (depending on the registry location), you may have to meet with a family justice counsellor or complete a parenting education program, or both, before getting a court date. More on these requirements in the next section about next steps.
Family Court is available to everyone who has family law issues, including couples who are married, couples who aren’t married, people who have had a child together, and anyone (such as a relative) who has an interest in a child.


A case is started in Family Court by '''filing an application''' with the court. Depending on what kind of orders are being sought, other documents may also be required.
In any court registry, if there’s been family violence or you have an urgent parenting issue, you can apply to get into court right away.


The applicant makes three copies of the documents, and files the documents at a Family Court registry. There’s no fee for filing the documents.
====The paperwork====
To start a Family Court matter, you fill out an [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true application about a family law matter]. You make three copies of the application, and file it with the court registry. There is no fee involved. Depending on what kind of orders you’re asking for, other forms and documents may also be required.


The applicant then '''serves''' a copy of the filed documents on the other party. There are strict rules about how to give court documents to the other party.  
You then arrange to have a copy of the filed documents '''served''' on the other party in the case. There are strict rules about how to give court documents to the other party.  


{| class="wikitable"
{| class="wikitable"
|align="left"|'''Tip'''
|align="left"|'''To complete the forms'''
Blank Family Court forms are on the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC government website]. You can also get free printed forms from the [http://www.provincialcourt.bc.ca/locations-contacts Family Court registry] in the town or city where you live.
Legal Aid BC’s Family Law in BC website has a free step-by-step guide for [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if#0 applying for a family order] in Provincial Court. For blank court forms, see the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC government website] or go to your local [https://www.provincialcourt.bc.ca/locations-contacts Family Court registry].
|}
|}


===After the case is started===
===Next steps===
Different registries of the Family Court have different rules about what happens next. Some registries require that parties meet with a '''family justice counsellor''' before they can see a judge. Family justice counsellors can help families resolve issues relating to the care and support of children, including through providing mediation.
Depending on the court registry location and the type of court order you seek, you’ll likely have to complete certain steps before you can get a date to appear before a judge.
Other registries require parties to take a “'''Parenting After Separation” course''' before they can see a judge. This free course helps parents with how to make decisions in the best interests of their child. It's a good idea to take the course whether the court requires it or not.


The parties may be asked to attend a '''family case conference''' to see if the dispute can be resolved without a hearing. This is an informal meeting with a judge to talk about the claims each party has made, see what can be agreed to, and talk about how the claims will be resolved. Family law cases are often resolved at these conferences. When the parties can agree, the judge will make a '''consent order''' at the conference.
In [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution registries in Surrey and Victoria], for example, you have to meet with a family justice counsellor, take a parenting course (if applicable), and complete a session of consensual dispute resolution (if appropriate). Only then can you start a matter in Family Court and get a court date.


===Options to resolve a case outside the courtroom===
In [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/family-justice-registries family justice registries in Kelowna, Nanaimo and Vancouver], you start a Family Court matter, meet with a family justice counsellor, and take a parenting education program (if applicable). Then you’ll get a court date.
Once a family law case has been started, the parties can try to resolve their issues without going to a hearing before a Family Court judge.  


The parties might try '''negotiating''' with each other. This involves discussing the issues to try to reach an agreement. They could negotiate with the help of lawyers or without lawyers. They could also get help from other family members, elders or other community members.
All other Family Court registries are [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/parenting-education-program-registries Parenting Education Program registries]. In these registries, you file an application to start a Family Court matter. Then, you complete a parenting education program (unless you can [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa740.pdf show you’re exempt]) before getting a court date.


The parties could try '''mediation'''. This involves meeting with a neutral person (a mediator), who helps them find a solution they agree on. The mediator doesn’t make decisions, but rather helps the parties make decisions for themselves. Parties can use a family justice counsellor as their mediator (their services are free) or they can hire a private mediator.  
{| class="wikitable"
|align="left"|'''Court appearances'''
Or the parties could try '''collaborative practice'''. Also known as “collaborative family law”, this is a kind of negotiation where each party has their own lawyer and agree they will do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.
You’re usually expected to attend a court date in person. But for certain types of family court proceedings like conferences and pre-trial applications, [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf the usual way to attend] is by phone or Microsoft Teams audio-conference or video-conference.


For more on these approaches, see our information on [[Mediation and Collaborative Settlement Processes (Script 111)|mediation and collaborative practice (no. 111)]].
If you want to attend court in a different way than scheduled, you can [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf make a court application].
|}


===If the parties can agree on the issues===
===Your first court appearance===
If the parties can work out their issues, their agreement can be recorded in writing. Or it might be recorded in an order the parties agree the judge will make, called a '''consent order'''. Most family law cases are settled by an agreement or consent order.
Unless you have an urgent family matter, the first time you appear before a judge will usually be at a '''family management conference'''. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.


Both parties must sign the written agreement or consent order.  
At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a '''consent order'''. If you can’t agree, the judge may still make important '''interim (temporary) orders''' that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.


Each party should get '''independent legal advice''' from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get advice about what the agreement means, what rights and obligations the agreement gives to each party, and how the agreement affects other legal options that might otherwise be available.  
If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a '''family settlement conference''' (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.


===Going to Family Court===
If a hearing is needed, the judge can make '''case management orders''' about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.
If the parties cannot settle their issues and have to go to a trial, they will have a '''hearing''' before a Family Court judge.  


In your community, Provincial Court might have a separate courtroom for family law cases, or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there is a day each week or every other week when the court will hear family law cases.
{| class="wikitable"
|align="left"|'''Preparing for a family management conference'''
The Provincial Court explains [https://www.provincialcourt.bc.ca/enews/enews-11-05-2021 what to expect at a family management conference], and Legal Aid BC has more on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/fcc-provincial-court how to prepare for one].
|}


At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.  
===If the case goes to trial===
After all of the evidence has been given to the judge, each side will make arguments to the judge and explain why the judge should make a particular order. The judge will then make an order resolving the issues.
If you can’t settle your issues and have to go to a trial, you’ll have a '''hearing''' before a judge.
 
In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.
 
At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.
 
After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.


==Common questions==
==Common questions==


===Do I need a lawyer to appear in Family Court?===
===Do I need a lawyer to appear in Family Court?===
There is no rule that people have a lawyer when they are going to court. The rules and forms in Family Court are simpler than in Supreme Court, and the atmosphere is more informal in Family Court. If you are planning to represent yourself in Family Court, consider getting legal advice beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see [http://unbundlinglaw.ca unbundlinglaw.ca].
You '''don’t''' have to have a lawyer when you go to court. Over a third of people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.


===What to do in an emergency?===
{| class="wikitable"
After a case is started in Family Court, there is a waiting time for an appointment to see a family justice counsellor or take the “Parenting After Separation” course. If you’re experiencing family violence, tell the court clerk. The clerk can explain how the Family Court can make a '''protection order''' in an emergency. This is a court order to protect one person from another. For more on this option, see our information on [[Family Violence (Script 155)|family violence (no. 155)]].  
|align="left"|'''Consider getting legal advice or unbundling'''
If you’re planning to represent yourself in Family Court, consider getting legal advice about your case beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see [https://unbundlinglaw.peopleslawschool.ca/ unbundlinglaw.ca].
==Get help==
|}
 
===What if my case started before the new court rules came into effect?===
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 New Provincial Court Family Rules] came into effect on May 17, 2021. If a family law case you’re involved in started before that, the new rules apply and the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms new court forms] (with a couple of short-term exceptions) must be used.
 
==Who can help==


===With your case===
===With your case===
To make an appointment with a family justice counsellor, contact the nearest '''Family Justice Centre''' by calling Service BC.
To make an appointment with a '''family justice counsellor''', contact the nearest Family Justice Centre or Justice Access Centre:
:Telephone: 604-660-2421 in Metro Vancouver or 250-387-6121 in Victoria
* Call 1-844-747-3963
:Toll-free: 1-800-663-7867
* [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]
:Web: [http://www.justicebc.ca/en/fam/ justicebc.ca/en/fam]
 
Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. '''Unbundled Legal Services''' lists family law lawyers who offer these services.
:Web: [http://unbundlinglaw.ca unbundlinglaw.ca]


===More information===
Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. '''Unbundled Legal Services''' lists family lawyers who offer these services.
The Legal Services Society’s '''Family Law in BC website''' features guides that include step-by-step instructions and blank forms you’ll need for going to Family Court.
:Web: [https://familylaw.lss.bc.ca/legal_issues/legalSystemDIY.php familylaw.lss.bc.ca]


The '''“Parenting After Separation” course''' is provided by Justice Education Society of BC and can be done online or in-person.
:[https://unbundlinglaw.peopleslawschool.ca/ Visit website]
:Web: [http://parenting.familieschange.ca/ parenting.familieschange.ca]


For options for '''legal advice''', see our information on [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ free and low-cost legal help]. It explains options such as legal aid, pro bono services, legal clinics, and advocates.


===With more information===
The '''BC Provincial Court website''' provides information about family law, rules, and court processes as well as links to resources.


[updated October 2018]
:[https://www.provincialcourt.bc.ca/types-of-cases/family-matters Visit website]


'''The above was last reviewed for legal accuracy by [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [https://www.bowmanlaw.ca/subpage/our-team/erin-bowman/ Erin Bowman], Bowman Law Centre.'''
Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.


----
:[https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/get-order-provincial-court Visit website]
----


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Latest revision as of 19:28, 14 October 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in January 2022.
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If you’re dealing with a family law issue, you may end up in Provincial Court (often called Family Court). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.

Alert!

This information has been updated to reflect new Provincial Court Family Rules that took effect on May 17, 2021 and amendments since then.

What you should know

Family Court can deal with many family law issues

Family Court is a division of the British Columbia Provincial Court. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)

Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC Family Law Act:

  • guardianship of a child and parental responsibilities
  • parenting time and contact with a child
  • child support and spousal support
  • protection orders

Family Court also deals with child protection cases.

Family Court cannot make orders under the federal Divorce Act. It can’t:

  • grant a divorce
  • divide property or debts, or make orders about family property
  • change an order that was made under the Divorce Act
  • make adoption orders

For these issues, you have to go to the British Columbia Supreme Court. This is the other court in BC that also deals with family law issues.

Advantages of Family Court

“My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
– Annika, Maple Ridge, BC

The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?

Family Court has some advantages over Supreme Court:

  • The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
  • No court fees are charged in Family Court.
  • The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
  • Family Courts have family justice counsellors available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
  • The atmosphere of Family Court is more informal.
  • Many Family Courts have family duty counsel available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.

The court process varies depending on the registry and order involved

There are registries at various Provincial Courts throughout BC. How the Family Court process works depends on the registry location and the type of court order you need.

Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.

But there are exceptions. In certain circumstances, you can fast forward the process. For example:

  • If you’re experiencing family violence, you can apply for a protection order. This a court order to protect one person from another.
  • If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an order in a priority parenting matter.
Self-help guides

The Family Law in BC website from Legal Aid BC has step-by-step guides on applying for a protection order and applying for a priority parenting matter order.

Options to resolve a case outside the courtroom

Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.

You might try negotiating with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.

You could try mediation. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.

You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.

Or you could try collaborative negotiation. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.

For more on these approaches, see our information on mediation, collaborative negotiation, and arbitration.

If you can agree on the issues

If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a consent order. Most family law cases are settled by an agreement or consent order.

Both parties must sign the written agreement or consent order.

Each party should get independent legal advice from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:

  • what the agreement means
  • what rights and obligations the agreement gives to each party
  • how the agreement affects other legal options that might otherwise be available

See who can help, below, for options to get legal advice.

Stages in the court process

Starting a matter in Family Court

How you start a matter in Family Court depends on the court registry location and the type of court order you seek.

In the Victoria and Surrey registries, you have to file a notice with the court, and then meet with a family justice counsellor and satisfy certain requirements before you can start a court matter.

In other court registries in the province, you can start a court matter by filing an application with the court. Then (depending on the registry location), you may have to meet with a family justice counsellor or complete a parenting education program, or both, before getting a court date. More on these requirements in the next section about next steps.

In any court registry, if there’s been family violence or you have an urgent parenting issue, you can apply to get into court right away.

The paperwork

To start a Family Court matter, you fill out an application about a family law matter. You make three copies of the application, and file it with the court registry. There is no fee involved. Depending on what kind of orders you’re asking for, other forms and documents may also be required.

You then arrange to have a copy of the filed documents served on the other party in the case. There are strict rules about how to give court documents to the other party.

To complete the forms

Legal Aid BC’s Family Law in BC website has a free step-by-step guide for applying for a family order in Provincial Court. For blank court forms, see the BC government website or go to your local Family Court registry.

Next steps

Depending on the court registry location and the type of court order you seek, you’ll likely have to complete certain steps before you can get a date to appear before a judge.

In early resolution registries in Surrey and Victoria, for example, you have to meet with a family justice counsellor, take a parenting course (if applicable), and complete a session of consensual dispute resolution (if appropriate). Only then can you start a matter in Family Court and get a court date.

In family justice registries in Kelowna, Nanaimo and Vancouver, you start a Family Court matter, meet with a family justice counsellor, and take a parenting education program (if applicable). Then you’ll get a court date.

All other Family Court registries are Parenting Education Program registries. In these registries, you file an application to start a Family Court matter. Then, you complete a parenting education program (unless you can show you’re exempt) before getting a court date.

Court appearances

You’re usually expected to attend a court date in person. But for certain types of family court proceedings like conferences and pre-trial applications, the usual way to attend is by phone or Microsoft Teams audio-conference or video-conference.

If you want to attend court in a different way than scheduled, you can make a court application.

Your first court appearance

Unless you have an urgent family matter, the first time you appear before a judge will usually be at a family management conference. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.

At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a consent order. If you can’t agree, the judge may still make important interim (temporary) orders that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.

If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a family settlement conference (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.

If a hearing is needed, the judge can make case management orders about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.

Preparing for a family management conference

The Provincial Court explains what to expect at a family management conference, and Legal Aid BC has more on how to prepare for one.

If the case goes to trial

If you can’t settle your issues and have to go to a trial, you’ll have a hearing before a judge.

In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.

At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.

After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.

Common questions

Do I need a lawyer to appear in Family Court?

You don’t have to have a lawyer when you go to court. Over a third of people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.

Consider getting legal advice or unbundling

If you’re planning to represent yourself in Family Court, consider getting legal advice about your case beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see unbundlinglaw.ca.

What if my case started before the new court rules came into effect?

New Provincial Court Family Rules came into effect on May 17, 2021. If a family law case you’re involved in started before that, the new rules apply and the new court forms (with a couple of short-term exceptions) must be used.

Who can help

With your case

To make an appointment with a family justice counsellor, contact the nearest Family Justice Centre or Justice Access Centre:

Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. Unbundled Legal Services lists family lawyers who offer these services.

Visit website

For options for legal advice, see our information on free and low-cost legal help. It explains options such as legal aid, pro bono services, legal clinics, and advocates.

With more information

The BC Provincial Court website provides information about family law, rules, and court processes as well as links to resources.

Visit website

Legal Aid BC’s Family Law in BC website has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.

Visit website
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