How Do I Schedule a Family Management Conference for Hearing?

Once the Form 6 Reply to an Application About a Family Law Matter is received by the registry, the court will normally work with the parties to find a convenient date for a family management conference (FMC). The idea is that it's better to work with people's schedules to find a convenient time, rather than risk people being unavailable because a date was set without consultation. In certain registries there may be other requirements before the FMC can be held. For example, you may be required to take the Parenting After Separation course or the Parenting After Separation for Indigenous Families course. The registry will let you know what steps you have to take.

After the first FMC, additional FMCs may be scheduled, for example to monitor compliance with orders made at the first one, or to continue negotiations after the exchange of necessary information.

Understanding Family Management Conferences

The FMC is a special type of hearing in the Provincial Court involving the parties, their lawyers, and either a judge or a family justice manager. It is intended to explore the issues in a court proceeding with the hope of finding a way to settle all or part of the proceeding. FMCs are private and held off the record.

Prior to May 2021, the BC Provincial Court would hold first appearances where the parties would show up to court in front of other people for their first experience in court. The judge would have little time for them except to direct them to come back again for what used to be called a family case conference. This impersonal first encounter has now been done away with. The parties' first in-court meeting occurs in a FMC.

What can happen at a Family Management Conference

FMCs are designed to help the parties identify and resolve issues without the need for a formal hearing. At these conferences, the judge or family justice manager may encourage the parties to reach agreements on some or all issues. Affidavits can be a part of the FMC, if they are particularly long and contain lots of evidence the judge or family justice manager may not have had time to fully read them.

Procedural orders

FMCs are instrumental in narrowing down the contested substantive issues, where possible, and setting procedural orders that the court thinks will help move the case along efficiently and reduce unnecessary conflict. Some of these procedural orders are called case management orders, and these vary somewhat depending on whether a judge or family justice manager is running the FMC:

• If the FMC is with a judge, the powers under Rule 62 of the Provincial Court Family Rules applies.
• If the FMC is with a family justice manager, Rule 63 applies.

Another type of procedural order that the court may issue at an FMC are conduct orders under Part 10, Division 5 of the Family Law Act. Conduct orders are court directives in family law proceedings that manage the behaviour of parties and aid in resolving disputes. These orders serve to:

• Encourage settlements and reduce the need for trial.
• Manage behaviors that obstruct dispute resolution.
• Prevent misuse of the court process.
• Facilitate temporary arrangements until final decisions are made.

For instance, a conduct order might require parties to participate in dispute resolution, attend counseling, or follow specific communication guidelines to prevent conflict. The court can mandate payment for related expenses and enforce compliance with further orders, fines, or penalties if a party disobeys. Strategically, conduct orders can be instrumental in managing the legal process and safeguarding your interests throughout the resolution of your family law matter.

Substantive orders by consent

Aside from procedural orders, interim orders about substantive issues are achievable at an FMC if the court can get the parties to consent. These consent orders might relate to parental responsibilities, parenting time, contact with a child, child support, spousal support, and to a limited degree guardianship. Specific rules around consent orders can be found at Rule 52.

Practically speaking, a substantive order will only be made with consent at an FMC. Remember that these are informal hearings, and the judge or family justice manager is not there to force or impose a resolution. Exceptions might be if there is an urgent matter such as denied parenting time, safety concerns, or urgent medical decisions that need to be made for a child. Otherwise do not expect the FMC to result in substantive orders about contested issues. The court will probably schedule those issues for a future hearing date.

Use the FMC strategically

FMCs are a good opportunity, and people who prepare for them and take them seriously can really benefit from them. FMCs can be very helpful, especially if the judge is prepared to be pushy with the parties and their lawyers. It's fairly common for proceedings to settle at FMCs, and where a settlement is reached, the judge will make a consent order on the spot, at the end of the hearing.

More information

See Rules 35-37 of the Provincial Court Family Rules to learn more about how the FMC process works.

There is also good information about FMCs online, including:

• Legal Aid BC's Family Law website's information page on FMCs
• Legal Aid BC's Family Law website's tips on preparing your own script to follow in an FMC
• BC Provincial Court's announcement about what to expect at an FMC

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Matthew Ostrow, September 19, 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."

A legal document required by the Provincial Court Family Rules to respond to a claim made in an applicant's Application to Obtain an Order. See "applicant," "Application to Obtain an Order," "claim" and "Counterclaim."

(1) 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, or (2) a courthouse.

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."

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.

A judge of the superior courts of British Columbia, being the Supreme Court and the Court of Appeal.

A legal proceeding in which one party sues another for a specific remedy or relief, also called an "action," a "lawsuit," or a "case." A court proceeding for divorce, for example, is a proceeding in which the claimant sues the respondent for the relief of a divorce order.

A conclusion made by a judge which decides a point of law or a fact in dispute.

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

(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."

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."

You probably seeing this word used in terms like substantive law, substantive issues, or substantive orders, and it is used to identify aspects of these things (be they laws, legal issues, or court orders) that deal with the legal rights and duties of the parties involved in a case. Substantive law defines and regulates the rights and obligations of individuals, as opposed to procedural law, which outlines the methods and means by which substantive law is made and administered. In family law, substantive issues often involve matters such as guardianship and parenting arrangements relating to children, support, and the division of property. A substantive order from a judge will be a decision about a substantive issue, versus a procedural order which will be about how steps in the litigation should.

In law, an order of a court cancelling or changing an earlier order of the court. See "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."

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

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."

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

A term under the Family Law Act which describes the various rights, duties, and responsibilities exercised by guardians in the care, upbringing, and management of the children in their care, including determining the child's education, diet, religious instruction or lack thereof, medical care, linguistic and cultural instruction, and so forth. See "decision-making responsibility" and "guardian."

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."

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."

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

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

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.

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

An order resolving all or part of a court proceeding, on an interim or final basis, that the parties agree the court should make.