How Do I Make a Priority Parenting Matter Application in the Provincial Court?

Priority parenting matters in BC Provincial Court

For most family law orders, the BC Provincial Court expects people to apply using the Form 3 Application About a Family Law Matter. See How Do I Start a Family Law Action in the Provincial Court? under the Helpful Guides & Common Questions section, for more about this standard process. There are exceptions to this usual process, however:

• when someone needs to apply for a protection order,
• when there's an agreement or court order that needs to be enforced, or
• when there is a specific issue known as a priority parenting matter.

This page deals with the last item in that list. Priority parenting matters involve immediate concerns that could impact a child's well-being. Look at Form 15 Application About Priority Parenting Matter at paragraph and you will see nine specific family law issues that qualify for priority treatment. These priority parenting matters can be heard whether or not an existing family law case already exists. In practice, if your issue does not fall into one of these categories, you will probably not be able to convince a judge to make an order when you apply under this process.

What constitutes a priority parenting matter?

You should read the nine checkboxes on the Form 15 Application About Priority Parenting Matter, but here's a summary of the various kinds of issues that count as priority parenting matters:

• Urgent health decisions (including giving or withdrawing consent for treatment) for a child where guardians are in disagreement (checkbox 1).
• Immediate needs for passports, licenses, or benefits for a child (checkbox 2).
• Wrongful denial of consent for a child to travel or participate in an activity (checkbox 3).
• Issues relating to relocation or removal of a child, i.e.:
  • a guardian is about to relocate a child's residence, there is no existing court order or agreement between them and other guardians, and where the child's relationship with another guardian could be significantly impacted by the move (checkbox 4);
  • orders to prevent removal of a child from a geographical area, including orders to seize passports or take collateral in order to prevent removal (checkbox 5)
• When other jurisdictions are involved, might get involved, or should get involved with parenting arrangements (generally called extraprovincial matters respecting parenting arrangements), and an order from the BC Provincial Court can help sort out where the dispute should be handled, where the child should be, or how the child can be protected in the meantime (checkboxes 6, 7, and 8).
• Interventions by a director under the Child, Family and Community Service Act that involve removing the child from someone's care, and another person wants to get an order about parenting arrangements or guardianship (checkbox 9).

A common mistake people make is to apply for orders using the priority parenting matter process because they feel the issue is a priority (often understandably), but the matter is not technically a priority parenting matter within the meaning of the Provincial Court Family Rules. For example, a denial of parenting time is distressing, but it is not likely going to count as a priority parenting matter. If you had an agreement or court order that included terms for parenting arrangements, then you could file and serve a Form 29 Application about Enforcement to try and deal with the issue more urgently, but if you have informal parenting arrangements with another guardian and they suddenly start denying parenting time, you will have to proceed under the standard Form 3 Application About a Family Law Matter process.

Different than ordinary applications

Unlike ordinary applications for family law orders using Form 3, which allow 30 days for the other side to prepare their reply—and which deal with common issues like child or spousal support, parenting arrangements, guardianship, or contact with a child—applications about priority parenting matters are dealt with quickly due to their urgent nature. A typical court application process using Form 3 ensures fair timelines to give all parties an opportunity to prepare their evidence and arguments, but a priority parenting matter offers much less time to do this. Priority applications bypass other steps that would normally take place if only a Form 3 Application About a Family Law Matter were filed. The court may allow priority parenting matter applications to proceed with less than 7 days' notice or even without notice to the other party in special circumstances.

How to make a priority parenting matter application

To make an application for a priority parenting matter that gives the other side at least seven days notice, you will need to complete and file a Form 15 Application About Priority Parenting Matter. As mentioned, a priority parenting matter can be heard whether or not an existing case has been created. If a Form 3 Application About a Family Law Matter has already been filed in your case, however, you must file your Form 15 Application About Priority Parenting Matter in the same court registry. The staff may book a date for the hearing of your application right there. The hearing date will be written on your Form 15 Application About Priorty Parenting Matter.

You must serve the filed Form 15 Application About Priority Parenting Matter on the other side at least seven days before the date set for the hearing, along with a copy of any documents you intend to use at the hearing (such as affidavits).

If your matter is so urgent that it cannot wait at least seven days, you can also file a Form 11 Application for Case Management Without Notice or Attendance with your Form 15 Application About Priority Parenting Matter and ask the judge to:

• waive the requirement to give any notice to the other party (an application without notice means the other side is not told about the application), or
• ask the judge to shorten the notice requirement to something less than seven days.

• Filing Location: File your Form 15 at the court registry where the initial Form 3 Application to Obtain an Order was filed (if there is an existing case).
• Service: Serve the filed Form 15 on the other party at least seven days before the hearing date, unless the court allows for shorter notice.
• Additional Forms: If the matter is extremely urgent, you may also need to complete a Form 11 Application for Case Management Order Without Notice or Attendance.

The rules

Consult the Provincial Court Family Rules:

• Rule 75-79: applications for priority parenting matters
• Rule 171-175: affidavits

Additional Resources

You should consider using the BC Government's new online form filing service which walks you through and automates much of the application process. The service is available online: Apply for a Family Law Act Order.

Legal Aid BC's Family Law website also has a useful guide on how to get an order about priority parenting matters.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, October 31, 2023.

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.

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

An order available under the Family Law Act for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting, or stalking a person, as well as orders restraining someone from going to a person's home, place of employment, or school. See "application," "ex parte" and "restraining order."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In law, defending a claim by denying the truth of a fact supporting the claim; a rejection of the truth of facts alleged.

Under the Family Law Act and the Divorce Act, a term referring to a change in the place of residence of a person or a child that is likely to have a significant impact on the child's relationships with certain other people with important roles in the child's life.

The geographic place where a person permanently lives. This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature. A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction."

A term under the Family Law Act which describes the arrangements for parental responsibilities and parenting time among guardians, made in an order or agreement. "Parenting arrangements" does not include contact. See "contact," "guardian," "parental responsibilities" and "parenting time."

(1) In law, an unintentional act or failure to act arising from a misunderstanding of the true state of affairs, from ignorance, or from an error not made in bad faith. (2) In contract law, an unintentional misunderstanding as to the nature of a term agreed to in a contract that may justify setting aside all or part of the contract. See "bad faith" and "contract."

Under the Family Law Act, a term which describes the time a guardian has with a child and during which is responsible for the day-to-day care of the child. Under the Divorce Act, a term which describes the time a spouse has with a child and during which is responsible for the day-to-day care of the child. See "guardian" and "spouse."

In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute. See "action," "claim," "defence" and "rebut."

A payment made by one spouse to the other spouse to help with the recipient's day-to-day living expenses or to compensate the recipient for the financial choices the spouses made during the relationship.

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed.

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

To give up a right or entitlement, or the opportunity to assert a right or enforce an entitlement. See "release."

A legal document required by the Provincial Court Family Rules to start a court proceeding which sets out the relief sought by the applicant against the person named as respondent. See "action," "applicant," "pleadings," "relief" and "respondent."