Difference between revisions of "Court Procedures in Family Law (3:XV)"

Provincial (Family) Court has jurisdiction under the ''FLA'' over matters of custody, access, support and guardianship, subject to the jurisdiction of the superior courts and the federal government. The ''FLA'' provides greater powers for the enforcement of Orders which are available to the Provincial Court. Provincial (Family) Court has jurisdiction over the enforcement of support orders whether made in Supreme Court or Provincial (Family) Court (''Butler v Butler'' (1981), 27 BCLR 268 (BCCA)) and has original jurisdiction to make support orders and to vary or rescind its own orders. Provincial(Family) Court can also make, vary, rescind, or enforce its own custody/access orders, but does not have the power to make orders regarding occupancy of the family home (''Polglase v Polglase'' (1982), 1 SCR 62). Where the Supreme Court has made an order respecting custody, access, support, or child support, Provincial (Family) Court will be unable to vary that order, although the Court can enforce the order.  

The Provincial Court offers free counselling and mediation services to family members considering separation or divorce. The Family Justice Counsellors (who may also be probation officers) will try to help the parties reach agreement on contentious matters.