How Do I Start a Family Law Action in the Provincial Court?
Due to important changes in family law, some of the information in JP Boyd on Family Law is out-of-date, especially information about Provincial Court (rules, forms, and procedures), parenting after separation and moving away after separation under the Divorce Act. We are working on a new edition. Read more under:
Starting a court proceeding in the Provincial Court is fairly straightforward.
Note that the Victoria registry has a unique court process as of 2019. Read the Victoria Early Resolution and Case Management Model section in the chapter Resolving Family Law Problems in Court.
Essentially, you have to fill out a document called an Application to Obtain an Order and file it in the registry of the court closest to you. In some cases, you will fill out a document called an Application to Change or Cancel an Order in Form 2 where there is already a court order or separation agreement in place.
There are no filing fees, and the court will tell you how to go about serving the other side.
You can get a copy of the Application to Obtain an Order from the court registry for free. The forms are also available online; see the Provincial Court Forms section. The version of the form that you can get from the court registry includes lots of information about how to fill it out.
If you are making a claim for spousal support or child support, you'll also have to fill out a form called a Financial Statement. The court registry will provide you with this form. Again, the form is fairly easy to fill out. However, there are certain documents that you must gather and attach to the form, including your last three years' worth of tax returns, your most recent paystub, and so forth.
If you are making a claim for guardianship of a child, you will also have to fill out a special affidavit in Form 34, and provide copies of recent police and Ministry of Children and Family Development records checks.
When to use the Provincial Court
The authority of the Provincial Court is limited and it can only deal with certain issues. You can use the Provincial Court when the things you need to deal with involve any of the following:
- guardianship of children,
- parenting arrangements for children,
- contact with a child,
- child support,
- spousal support, and
- protection orders.
When not to use the Provincial Court
The Provincial Court cannot deal with issues involving property or debts. The Provincial Court cannot make orders under the Divorce Act, including divorce orders. If you need orders about property, debt, or divorce, you might think about starting your court proceeding in the Supreme Court, which can deal with all of these issues and all of the issues that the Provincial Court can deal with.
What happens next?
Once you've filed your Application to Obtain an Order, you'll have to have it served on the other person and get your process server to complete an Affidavit of Service. Once the other person has been served, they will have 30 days to file a form called a Reply, and, if either of you are making a claim for spousal support or child support, their Financial Statement as well. The court will mail you a copy of these documents.
When the court receives the other person's Reply, the court will normally schedule a date for an initial meeting with the court, called a first appearance. In certain registries there may be other requirements that you must meet before your first appearance. For example, you may be required to meet with a family justice counsellor or take the Parenting After Separation Course. The registry will let you know what steps you have to take.
For more information
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Julie Brown, June 12, 2019.|
|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.|