How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?
What is an interim application?
An interim application, in the context of family law cases in the BC Supreme Court, refers to a temporary court order (as opposed to a final order) that is meant to address immediate or urgent issues that cannot wait until the end of the trial or final resolution of the case. Interim applications are made after the family law proceeding has commenced, but before a final order is made or a settlement is reached.
Other terms you might encounter that mean basically the same thing as interim application are:
- application for interim relief
- application for a temporary order
- interlocutory application
- chambers application
Interim applications are quite common in Supreme Court proceedings, and more common than trials. If you need child support payments now, you can't wait a year or more for a trial just to get an order. You can ask a judge or associate judge for an interim child support order while you wait for the final judgement to be made.
While interim applications are often for temporary orders (i.e. an order that isn't intended to cover a long period of time), not all orders requested through interim applications are temporary. Ones that are not temporary are usually urgent in some way. They can be used to force the other side to do something, like share important documents, so that the family law matter can move along. If the other person is not giving you the financial disclosure they are supposed to, you can make a chambers application for an interim order for disclosure. There is nothing temporary about an order for disclosure (once the other party is forced to disclose their bank statements, the disclosure is permanent), but there would have been some urgency (you can’t continue with the litigation if someone is stalling and not disclosing important information), which is why the interim application was justified.
Why make an interim application?
People often make interim applications to get orders about:
- Interim parenting arrangements: very common when parents can’t agree on where children should live, who should exercise parental responsibilities, etc., until a final decision is made.
- Interim child or spousal support: interim applications for support are common to arrange temporary financial assistance to a spouse or child during the litigation process.
- Interim contact: an application to establish when and how someone who is not a guardian will spend time with the children.
- Interim guardianship: common where a relative seeks interim guardianship of children because parents are not able to provide for the child.
- Interim property protection: interim applications can be used to prevent the disposal or dissipation of family assets before a trial.
- Interim exclusive occupation: an application to decide who will temporarily have the right to live in the family home.
- Interim protection orders: an application for orders to protect one person from another family member, such as in cases of family violence.
- Interim conduct orders: an application to regulate how the parties may communicate with each other or the children, or manage substance use during the litigation.
When to make an interim application
In most BC Supreme Court family law cases, you need to wait until a judicial case conference (JCC) has been heard, although Rule 7-1 of the Supreme Court Family Rules has a list of exceptions to this general rule.
In a genuine emergency, you can make an application any time after a Notice of Family Claim in Form F3 has been filed, with no notice or very little notice given to the other side.
Once a JCC has been held, however, applications can be brought at any time.
An update to Supreme Court Family Rules in May 2023 now requires that before you ask a judge to make an order for child support, spousal support, or parenting orders (called corollary relief in the Divorce Act), you will need to file Statement of Information for Corollary Relief Proceedings in Form 102. This is only applicable where the Divorce Act is involved, which means if your relationship was common-law this would not apply to your proceeding. Form 102 provides the court with a basic understanding of whether family violence is a factor, and asks if any protection orders, child protection issues, or criminal charges are involved. You need to update and re-file the form if any of your answers change in the future before you ask for any additional orders for support or parenting.
How to start the application process
For applications brought on or after October 1, 2026, the usual process is to serve the application materials before filing them with the court. The steps below describe an application with notice to the other side. Applications without notice or on shortened notice may follow a different process.
The first two forms you'll need are:
- Notice of Application in Form F31
- Affidavit in Form F30
The forms are available online. See Family Law in BC website's online list of forms.
The Notice of Application in Form F31 tells the court and the other side:
- the orders that you want the court to make,
- the basic facts supporting your application,
- a summary of your argument in support of your application,
- the rules, acts, or regulations that give the court authority to make the orders you're asking for,
- the affidavits, expert reports, or other evidence you'll rely on when you argue the application, and
- if you wish to propose a hearing date and time, the date and time you propose.
The affidavit explains who you are, the orders you want the court to make, and why you want the court to make those orders. When you swear or affirm your affidavit under oath in front of a lawyer or notary, the information you put in the affidavit becomes evidence - your written testimony.
You must serve an unfiled copy of the Notice of Application and a copy of any affidavit or other evidence you intend to rely on that has not already been served on the recipient. You must serve these materials on each party and on any other person who is not a party but may be affected by the orders you are asking the court to make.
The Supreme Court Family Rules also require additional materials in some cases. For example, you may need to serve a notice required under Rule 11-3(9), a filed agreement, a parenting coordinator's filed determination, or a filed arbitration award. If you are asking the court to appoint a person as a guardian, you must also serve the Form F101 affidavit with the other application materials.
Most applications are served by ordinary service. Personal service is required for applications to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; change, suspend, or terminate an arbitration award; seek an order for contempt; or seek an order under section 231(2) of the Family Law Act that a person be imprisoned. See How Do I Personally Serve Someone with Legal Documents? for more information.
You do not file the Notice of Application and supporting materials at this stage. You may set the application down for hearing only after you have served the required materials and each person served has either served an Application Response or had their time to respond expire. When you set the application down, file the Notice of Hearing of Application in Form F31.1, the Notice of Application you served, and any other application materials that have not already been filed. If you are seeking an order appointing a guardian, file the Form F101 affidavit with the other application materials at this stage. A filing fee is payable when you file the Notice of Application. No separate fee under Appendix C, item 5, is payable to set the hearing by filing a Notice of Hearing of Application. See How Do I Waive Filing Fees in the Supreme Court? if you need to ask the court to waive fees.
Ordinary service is accomplished by mailing the documents to the other side's address for service, by faxing them to a fax number for service, or by emailing them to an email address for service.
Serving and receiving service by email
Starting September 1, 2023, all parties to a BC Supreme Court action, whether represented by a lawyer or not, must provide an email as well as a mailing address to allow ordinary service of materials. The form for updating a party’s address for service is the Notice of Address for Service in Form F10. You should ensure you have included an email as your address for service in the Form F31 Notice of Application if you have not already included it in a previous notice, and you can insist that the other side (the application respondent) file their Notice of Address for Service in Form F10 with an email address if they have not yet agreed to receive materials by email.
Serving the application materials and setting a hearing date
You must serve the application materials before you can set the application down for a hearing. The person responding to the application usually has 5 business days after service to serve their response materials. The response period is longer for some applications. See The application respondent's response below.
You must not set the application down for hearing until each person required to be served has either served an Application Response or had their time to respond expire. If the application is estimated to take more than 2 hours, a registrar must fix the hearing date and time. For other applications, the hearing is usually set for 9:45 am on a day when the court hears applications, unless the court or a registrar fixes another date or time.
To set the application down for hearing, file a Notice of Hearing of Application in Form F31.1, the Notice of Application you served, and any application materials that have not already been filed. The Notice of Hearing of Application must also be served on each application respondent after it is filed:
- For most applications, at least 4 business days before the hearing.
- For an application to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, at least 7 days before the hearing.
- If the application is estimated to take more than 2 hours, within 7 days after the registrar fixes the date and time, and at least 14 days before the hearing.
The Ministry of the Attorney General has published a flowchart of the steps and timelines for Supreme Court civil and family applications. The charts show the shortest timelines and are a visual guide; check the rules and deadlines described above for your application.
The specific rules and deadlines are in Rule 10-6 of the Supreme Court Family Rules.
The application respondent's response
A person who wishes to respond must serve an unfiled Application Response in Form F32 and any affidavit or other evidence they intend to rely on that has not already been served. They must serve these materials on the applicant and every other party within the applicable period:
- For most applications, within 5 business days after service of the application materials.
- For an application under Rule 11-3, within 21 days after service.
- For an application to change, suspend, or terminate a final order; set aside or replace a filed agreement; change or set aside a parenting coordinator's determination; or change, suspend, or terminate an arbitration award, within 14 days after service.
The Application Response tells the applicant and the court:
- the orders that the application respondent agrees to,
- the orders that the application respondent intends to oppose,
- the orders that the application respondent might agree to if certain conditions are met,
- the basic facts which oppose the applicant's version of the facts,
- a summary of the application respondent's argument against the application,
- a summary of any legal rules, statutes, or court cases that contradict the applicant's proposed legal basis, and
- the affidavits or other evidence the application respondent will rely on when the application is argued.
After the Notice of Hearing of Application is filed, each application respondent must file the Application Response they served and any affidavit or other evidence that has not already been filed. They must do this before the hearing starts and bring copies of their filed materials to the hearing.
What if they do not respond?
If an application respondent does not serve an Application Response within the applicable period, you may set the application down for hearing once that period has expired. You must still file and serve a Notice of Hearing of Application on each application respondent within the required time.
A person who has not served a response may still attend the hearing. Do not assume that the court will make the orders you asked for just because no response was served.
The applicant's response to the application respondent's reply
If you wish to reply to something the application respondent has said in their affidavit or other evidence, you may serve reply affidavits on each application respondent:
- For most applications, within 3 business days after the application respondent serves their materials.
- For an application under Rule 11-3; an application to change, suspend, or terminate a final order; to set aside or replace a filed agreement; to change or set aside a parenting coordinator's determination; or to change, suspend, or terminate an arbitration award, within 5 business days after service.
You must file the original of each reply affidavit by 4:00 pm on the business day that is 2 business days before the hearing.
Reply affidavits are intended to address only new points raised by the application respondent's evidence or to explain updates on issues that have developed since you served your first affidavit, such as medical treatment for a child or new, relevant information you have received, such as a tax assessment or invoice. Try to avoid re-explaining your position on any points you wrote about in your first affidavit.
Application records
You must prepare an application record for the hearing of your application. The application record is traditionally a three-ring binder containing the application materials, with an index and numbered tabs. It is for the benefit of the judge or associate judge hearing your application.
An application record will usually contain the following documents in this order:
- a cover page in Form F32.2,
- an index,
- a copy of the filed Notice of Application,
- every Application Response that has been served on you,
- every filed pleading and any filed affidavit or other evidence that will be relied on at the hearing,
- any affidavit or other evidence served on you by an application respondent,
- if the application is brought under Rule 11-3, each filed pleading,
- each filed order that you are asking the court to change or cancel, or that is otherwise relevant to the orders you are asking for, and
- the most current Form F102 filed by each party, if any.
You may also include a draft of the proposed order, a written argument, a list of legal authorities, or a draft bill of costs. The application record must not contain affidavits of service or copies of legal authorities. It must not contain other documents unless all parties agree to include them.
You must file the application record between 9:00 am on the business day that is 5 business days before the hearing and 4:00 pm on the business day that is 2 business days before the hearing. At the same time, you must give the registry a separate copy of the filed Notice of Application, with the paragraphs setting out the orders you are asking for highlighted or otherwise marked. You must serve a copy of the application record index on each application respondent at least 2 business days before the hearing.
The application respondents must file their served Application Responses and supporting materials after the Notice of Hearing of Application is filed and before the hearing starts. They must bring copies of their filed materials to the hearing.
Electronic application records: Note that the BC Supreme Court has been experimenting with application records in electronic (PDF) format, instead of printed out pages clipped into three-ring binders, for hearings of 30 minutes of less, in certain courts only, and only before a associate judge (i.e. not a judge). As of writing, this pilot project had expanded quickly to most registries across the province, but was not yet mandatory for self-represented litigants. That said, maybe you prefer to deal with PDFs rather than three-ring binders. And perhaps as you read this the pilot project will have expanded to more registry locations or become expected of all participants. See the BC Supreme Court website for more information about the Associate Judges Chambers Pilot Project.
The rules
The following Supreme Court Family Rules are of particular relevance:
- Rule 6-1(1)-(1.1): Both email and postal address for service required
- Rule 6-2: How to serve documents by ordinary service
- Rule 7-1: The JCC rules
- Rule 10-4: The rule about affidavits
- Rule 10-5: Directions for bringing interim applications
- Rule 10-6: The usual application procedure, including what notices of application must include, when things need to be served, what the application record contains, etc.
For more information
You can find helpful information from the Legal Aid BC's Family Law website's guide on "What Happens in a Supreme Court Chambers Hearing?" and Justice Education Society's Online Help Guide for Supreme Court Family Law Chambers Applications. The Canadian Judicial Council has also created a series of guides for self-represented litigants, including a Family Law Handbook with significant detail about family law matters in Canadian courts. The BC Supreme Court website also has an information page for self-represented litigants, and a Chambers Application Package that is helpful.
| This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Nate Russell, October 1, 2026. |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
