Family Law Litigation in Provincial Court
The Resolving Family Law Problems out of Court chapter tells you about the various options for resolving your family law dispute without having to go to court, including collaborative negotiation, mediation, arbitration.
If you need to go to court, the general chapter on Resolving Family Law Problems in Court explains which of BC's two trial courts is appropriate depending on the type family law dispute. If you have already considered your options, and if you need to deal with family law claims in Provincial Court, this is the chapter for you.
This chapter starts by providing a thumbnail sketch of the basic court process for family law proceedings in Provincial Court. You should review the definitions and terminology listed in the chapter on Resolving Family Law Problems in Court.
The other sections in this chapter provide more detail about starting and responding to a proceeding, [[Disclosure and Provincial Court Family Law Proceedings|disclosure and exchange of documents], case conferences, making applications for temporary and urgent orders, trials, enforcing orders, and applying for changes to orders.
The Provincial Court and its rules
The Provincial Court has jurisdiction to deal with family law issues relating to parenting children, child support, spousal support, companion animals (pets) and orders protecting people under the Family Law Act. These are family law matters, to which the Provincial Court Family Rules apply. The Provincial Court also deals with child protection It does not have the authority to deal with issues about parentage, dividing property and debt, and orders protecting property under the Family Law Act, nor can it deal with claims under the Divorce Act. See the table in the general chapter on Resolving Family Law Problems in Court, which shows which trial court can deal with which family law problem.
If the BC Supreme Court has more authority to make all kinds of family law orders, why do people choose Provincial Court?
The Provincial Court process is designed to be more affordable and easier to navigate without a lawyer's help. Most family forms can be completed online using the Family Law Act Online Forms Service. In Provincial Court, unlike BC Supreme Court, costs are almost never payable, meaning that even if you lose, you don't need to pay anything toward the other side's legal costs. (That said, a word of caution: if a judge decides that cross examining an expert witness was unnecessary, then the party who decides to cross examine that expert can be responsible for the cost of paying that witness, which can be in the thousands of dollars.) There are fewer fees for proceeding in Provincial Court, too.
In 2021, BC completely overhauled its Court Family Rules in an effort aimed at promoting settlement where possible, and finding a fair process to minimize conflict and promotes cooperation between parties.
Section 8 of the new rules clearly states that “parties may come to an agreement or otherwise reach resolution about family issues at any time”. That means that even if it's the morning of your trial and you’re all ready to go, you and your ex can decide to settle without going to trial.
The Provincial Court process in a nutshell
This chapter breaks down family law litigation in Provincial Court into six stages. Even though the laws and Provincial Court Family Rules don't use the term "stages", explaining the litigation process as a series of steps makes it easier to understand. Parties will typically experience litigation in the order summarized below.
Stage 1: Identifying the type of registry, type of claim, and meet applicable pre-conditions
Today's Provincial Court Family Rules create several different types of registries, as were introduced in the section on The Court System for Family Matters, under the general Resolving Family Law Problems in Court chapter. The section on Starting and Responding to Provincial Court Family Law Proceedings in this chapter also has more information on each of these types of registry.
The first thing to do is be sure you understand what type of registry applies to your case.
Early Resolution Registries
Early Resolution Registries follow a new procedure designed to try to resolve cases without the need for going to court. The process in these registries is quite different compared to traditional Provincial Court procedure. The good news is that many people will find the process more straightforward, less complex, and less adversarial. Most of the time, before either party can bring an application to argue for orders about family law matters (guardianship, parental responsibilities, parenting time, contact time, child support, spousal support, orders about pets, etc.) parties in an Early Resolution Registry must:
- Attend a needs assessment with a family justice counsellor
- Attend consensual dispute resolution with the other side, mediated by a family justice counsellor (on rare occasions, this can be waived)
- Complete a parenting education program, such as the free Parenting After Separation course online (courses for both Indigenous and non-Indigenous families).
Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. 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.
If you are in an Early Resolution Registry, and you want to bring an application for non-urgent family law matter (as opposed to a priority parenting matter or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs asssessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all before you start your court application.
You can contact the Family Justice Centre associated with your registry to learn more, ask questions, and get help with forms.
If your claim is for a protection order or priority parenting matter (or if you will be bringing a family law matter application along with a request for a case management order to exempt certain steps due to real urgency), you may bypass or postpone the usual Early Resolution Registry requirements. If there has been family violence you can get into court right away for a protection order, and this is true for all types of Provincial Court registries.
Other registries
If you are not in an Early Resolution Registry, you can go to the next stage for starting and replying to an application.
Family Justice Registries: Kelowna, Nanaimo, and Vancouver (Robson Square)'s registries have a special process for court applications that involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are children involved, you and the other party will also first have to take a parenting course.
Parenting Education Program Registries: This type of registry applies to all of the other Provincial Court locations. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with an Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on Interim Applications and Provincial Court Family Law Proceedings.
Stage 2: Starting and replying to an application
The section on Starting and Responding to Provincial Court Family Law Proceedings in this chapter talks about parties filing and serving their first court documents.
The applicant files and serves their application
The applicant starts a Provincial Court action by filing an application at one of the court's registries. Most Provincial Court family law proceedings are started with a Form 3 Application About a Family Law Matter. However, other forms for starting a Provincial Court family law action do exist depending on the circumstances. Forms that can initiate a proceeding include:
- Form 3 Application About a Family Law Matter is used for general family law matters and to establish a new court file (it can also be accompanied by a Form 11 Application for Case Management Order Without Notice or Attendance when the applicant wants to get a court order on an urgent family law matter).
- Form 15 Application About a Priority Parenting Matter where there are specific time-sensitive parenting issues, whether or not a court file is already established.
- Form 12 Application About a Protection Order where there are family violence concerns involving a family member, whether or not there is an existing court file.
- Form 16 Application for Order Prohibiting Relocation of a Child where there is an existing court order or written agreement addressing parenting arrangements, a party has provided notice they wish to relocate with the child, and the other party objects to the relocation. This form could start a court action if there was only a written agreement but no existing court case.
- Form 17 Application for a Family Law Matter Consent Order is used when the parties agree on how to resolve their issues (often following consensual dispute resolution or mediation), but want it formalized as a court order — typically used to avoid a court hearing and ensure the agreement is legally binding and enforceable. This application can be made at any time, whether or not a court file is already established.
The applicant can complete many forms online using the Family Law Act Online Forms Service.
The initial application form identifies the orders the applicant is seeking. Once filed, the court assigns a file number, and the application along with other materials (e.g. affidavits, and a financial statement) must be served on the other party. This means personally handing the application to the respondent, and must be done by someone other than the applicant. The person serving must at least be 19. After the application has been served, proof of service must be documented in Form 7 Certificate of Service, which is sworn by the person who served the respondent.
It's important to remember that the application lists the applicant's requests for court orders, but these are not actual orders until the judge decides on them at a hearing or trial.
The respondent files their reply and counter application
The respondent has a specific time, as indicated in the application form, to file their reply (e.g., 30 days for a Form 6 Reply to an Application About a Family Law Matter) and in many cases their own financial statement or affidavits. The reply must address the claims made in the application and may include the respondent's own requests for orders in the same form.
For normal family law matter applications, the respondent serves the reply on the applicant at the applicant's address for service. If the respondent fails to file a reply within the allowed time, the applicant may proceed with their requests without the respondent's input, provided a proof of service in the Form 7 Certificate of Service is filed.
Claimant's reply to counter application, and other steps
Where the respondent makes a counter application seeking different orders than those requested by the applicant, the applicant must file a further reply (e.g. Form 8 Reply to a Counter Application within 30 days). The parties may also file additional documents, such as affidavits, to support their respective positions. The applicant must deliver their filed reply to the respondent's address for service, which will have been listed in the respondent's reply.
Generally speaking, once the parties have filed, delivered, and received each other's application, counter application, and replies, the pleadings phase is concluded.
Stage 3: Parties attend an FMC
A common element of all registry types is the Family Management Conference ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete.
An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each parties' case. Conferences and Provincial Court Family Law Proceedings delves into this important stage of the case.
Stage 4: Disclosure
Financial statements are very important in most family law matters, especially where child support or spousal support are at play. Disclosure refers to the process for revealing what documents each party has. When you prepare the financial statements and other disclosures for the other side, and while reviewing what you receive from them, keep in mind the disclosure obligations imposed by legislation, and the consequences for breaching them. The Disclosure and Provincial Court Family Law Proceedings section discusses the obligations and penalties related to disclosure.
Stage 5: A party may bring other applications
Various conduct orders, case management orders, applications about priority parenting matters, and even protection orders may be necessary between the time the case was filed, and the date a trial is set. The various interim applications in Provincial Court are covered in the section on Interim Applications and Provincial Court Family Law Proceedings.
Stage 6: Going to trial
Assuming that settlement has not occurred, court cases are resolved by trials. At trial, each of the parties presents their evidence and explains to the judge why the judge should make the orders they are asking for. From the Trial Preparation Conference to the steps of the trial itself, the section on Trials and Provincial Court Family Law Proceedings provides more information on this final process.
A note on settlement
Family law proceedings can be settled by agreement at any time, and in the Provincial Court process today there are even more chances for this to happen with the guidance or encouragement of a judge or family justice counsellor. Even when a claim is filed, the parties can continue to negotiate their family law issues informally or formally. Informal negotiations include the parties or their lawyers speaking directly with each other, or through exchanging written communications. Formal negotiations include attending mediation or another dispute resolution process, e.g. attending a settlement conference led by the court.
The chapter on Resolving Family Law Problems Out of Court applies even to family law disputes where a claim has been filed.
Resources and links
Legislation
Resources
- Provincial Court Family Forms and Guidebooks, from the Ministry of Attorney General
- Family Law Act Online Forms Service, a guided pathway for completing family law forms
- Legal Aid BC's Family Law website information on Provincial Court process:
Links
- Provincial Court website
- Do I have to take a Parenting After Separation course?, from the Ministry of Attorney General
- Early resolution process, information page about Early Resolution Registries from the Ministry of Attorney General
- Provincial Court Practice Directions
- Tug of War by Mr. Justice Brownstone
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Kendra Marks, 5 January 2025. |
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 JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.
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