Difference between revisions of "Provincial (Family) Court"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.peopleslawschool.ca/about/team/ People's Law School] |date= January 2022}} {{Dial-A-Law TOC|expanded = disputes}}
If you’re dealing with a family law issue, you may end up in Provincial Court (often called '''Family Court'''). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.


{{Dial-A-Law TOC|expanded = family}}
{| class="wikitable"
==What is Family Court?==
|align="left"|'''Alert!'''
[http://www.provincialcourt.bc.ca/types-of-cases/family-matters Family Court] is a division of the [http://www.provincialcourt.bc.ca/ British Columbia Provincial Court]. Other divisions of the Provincial Court deal with criminal, traffic and small claims cases. Provincial Court judges hear family law cases, youth and adult criminal cases and small claims cases. Provincial Court might have a separate courtroom where family law cases are heard, or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there is a day each week or every other week when the court will hear family law and child protection cases.
This information has been updated to reflect [https://www.provincialcourt.bc.ca/enews/enews-27-04-2021 new Provincial Court Family Rules] that took effect on May 17, 2021 and amendments since then.  
|}


==What does Family Court handle?==
==What you should know==
Family Court deals with a limited number of family law issues under the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01 Family Law Act]'', including:
*guardianship of a child
*parental responsibilities
*parenting time
*contact with a child
*child support and spousal support
*protection and conduct orders


Family Court also deals with child protection cases with the Ministry of Children & Family Development under the BC ''[http://www.bclaws.ca/civix/document/id/complete/statreg/96046_01 vChild, Family and Community Service Act]''.
===Family Court can deal with many family law issues===
'''Family Court''' is a division of the [https://www.provincialcourt.bc.ca/types-of-cases/family-matters British Columbia Provincial Court]. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)


Family Court does not deal with family law issues under the federal ''Divorce Act'', in particular divorce, family property, custody, adoption and family debts.
Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC ''[https://www.canlii.org/en/bc/laws/stat/sbc-2011-c-25/latest/sbc-2011-c-25.html Family Law Act]'':


==Who can apply to Family Court?==
* guardianship of a child and parental responsibilities
Family Court is available to everyone who has family law issues, including couples who are married, couples who aren’t married, people who have had a child together and anyone, such as a relative, who has an interest in a child.
* parenting time and contact with a child
* child support and spousal support
* protection orders


==What issues have to go to Supreme Court?==
Family Court also deals with child protection cases.
Family Court cannot grant a divorce, it cannot divide property or debts, it cannot make orders about family property, it cannot change an order that was made under the ''Divorce Act'' and it cannot make adoption orders. These matters have to be taken to Supreme Court if an order has to be made. The Supreme Court can deal with all family law issues, including all of the issues that the Provincial Court deals with.


Although both courts can make orders about child care and child support, the Supreme Court will generally not make an order about an issue that has already been decided by the Provincial Court, except where the Provincial Court decision is being appealed to the Supreme Court.
Family Court '''cannot''' make orders under the federal ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html Divorce Act]''. It can’t:


==Appearing without a lawyer in Family Court==
* grant a divorce
There is no rule that people have a lawyer when they are going to court. The Family Court Rules are written in plain language and the court’s forms are easy to fill out. But most people who represent themselves in court will still benefit from some legal advice.
* divide property or debts, or make orders about family property
* change an order that was made under the Divorce Act
* make adoption orders


==Why go to Family Court?==
For these issues, you have to go to the [https://www.bccourts.ca/supreme_court/ British Columbia Supreme Court]. This is the other court in BC that also deals with family law issues.
Family Court can make orders about the care of a child, child support, spousal support and protection orders. Family Court has other advantages:
*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Family Justice Counsellors] can help resolve some family law issues. Their services are free.
*The court forms are easier to fill out than Supreme Court forms.
*No court fees are charged.
*The rules of court are simpler than the rules of the Supreme Court.
*Duty counsel are sometimes available to help people who don’t have their own lawyer.


==First, go to the courthouse and talk to the clerk at the family law counter==
===Advantages of Family Court===
Different registries of the Family Court have different rules about how cases get started. Some registries require that '''parties''' (the people with the dispute) meet with a Family Justice Counsellor before they can see a judge. Other registries require parties to take the [http://parenting.familieschange.ca/ Parenting After Separation course] before they can see a judge. The clerk at the family law counter can provide valuable information how start a case and what to do to see a judge.
{{PLSStorybox
| image = [[File:Annika.png|link=]]
| text      = “My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
<br>– Annika, Maple Ridge, BC
}}


Family Justice Counsellors aren’t lawyers, but they are trained to deal with family law issues in Family Court. They can help families with guardianship of the child, parental responsibilities and parenting time, contact and support issues, and can help to resolve issues through negotiation and mediation. The counsellor may refer people to a Legal Aid office or suggest hiring a lawyer.
The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?


The [http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation program] teaches parents how to make careful and informed decisions about their separation and to ensure that these decisions take into account the best interests of their child. It's a good idea to take the program whether the court requires it or not.
Family Court has some advantages over Supreme Court:
* The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
* No court fees are charged in Family Court.
* The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
* Family Courts have '''family justice counsellors''' available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
* The atmosphere of Family Court is more informal.
* Many Family Courts have '''family duty counsel''' available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.


==What to do in an emergency?==
===The court process varies depending on the registry and order involved===
There is a waiting time for an appointment to see a Family Justice Counsellor or for the next Parenting After Separation program. Be sure to tell the court clerk if the spouse or partner is violent. The clerk will explain how the Family Court can make a protection order in an emergency, without an appointment with a Family Justice Counsellor or the Parenting After Separation program.
There are registries at various [https://www.provincialcourt.bc.ca/locations-contacts Provincial Courts throughout BC]. How the Family Court process works depends on the registry location and the type of court order you need.


==How are Family Court cases resolved?==
Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.
There are a few ways that family law cases are resolved.
*If the parties to the family law case can talk to each other, they may be able to settle their dispute through negotiation, mediation or a collaborative process. The settlement might be recorded in a written agreement or it might be recorded in an order that the parties agree the judge will make, called a consent order. Most family law cases are settled by an agreement or consent order.
*If the parties cannot settle the case themselves, a Family Court judge will decide it after a hearing.
*The ''Family Law Act'' also allows people to resolve family law cases through arbitration. The decisions of arbitrators are called awards and are legally enforceable.


==What is negotiation?==
But there are exceptions. In certain circumstances, you can fast forward the process. For example:
Negotiation is a bargaining process in which the parties try to reach an agreement about their dispute. People can negotiate with each other with lawyers helping them or without lawyers. Sometimes other family members, elders or other respected community members may help with the negotiation process.


==What is mediation?==
* If you’re experiencing family violence, you can apply for a '''protection order'''. This a court order to protect one person from another.
In mediation, an independent person meets with the parties to help them discuss their issues and find a settlement. [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/mediators Mediators] don’t make decisions for people. They help them make decisions for themselves. Mediation may require two or more meetings to reach a settlement.
* If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an '''order in a priority parenting matter'''.


Family Justice Counsellors are trained mediators. Parties can use a Family Justice Counsellor as their mediator or they can hire a private mediator. Family law mediators are usually lawyers with special training in mediation and can also be hired privately. Family law mediators must be certified—make sure they are if you choose one.
{| class="wikitable"
|align="left"|'''Self-help guides'''
The Family Law in BC website from Legal Aid BC has step-by-step guides on [https://family.legalaid.bc.ca/abuse-family-violence/protecting-yourself-your-family/apply-family-law-protection-order-without#0 applying for a protection order] and [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-order-about-priority-parenting applying for a priority parenting matter order].
|}


For more information on mediation, refer to Script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
===Options to resolve a case outside the courtroom===
Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.


==What are collaborative settlement processes?==
You might try '''negotiating''' with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.
[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/lawyers/collaborative-family-law?keyword=collaborative&keyword=settlement&keyword processes Collaborative settlement processes] are a kind of negotiation where the parties work with lawyers and agree that they will do everything possible to reach a settlement without going to court. The parties and the lawyers work together to find a settlement. Specialists like counsellors, child psychologists and financial experts may be used to help find a settlement. Collaborative processes are centered on the parties’ unique circumstances and the child’s best interests. The communications are open and transparent.


For more information on collaborative processes, check Script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
You could try '''mediation'''. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.


==If a settlement is reached, put it in writing==
You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.
A settlement is an agreement. Agreements that resolve a family law issue should be in writing. This helps people remember exactly what the settlement was and stops people from changing their minds later on.


Written agreements that record the terms of settlement are usually called separation agreements. The terms of settlement can also be recorded by minutes of settlement, which are usually much shorter than separation agreements.
Or you could try '''collaborative negotiation'''. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.


Agreements that are put into the form of a court order are called '''consent orders'''. Both parties must sign their written agreement or consent order. In the case of consent orders, an additional court form must be signed to show that the parties agree to the court making the order. In some cases, an affidavit is required to explain to the court why the parties reached an agreement. For example, if the parties are not using the Federal Child Support Guidelines, a judge will want an explanation why before approving a consent order.
For more on these approaches, see our information on [https://dialalaw.peopleslawschool.ca/mediation-and-collaborative-practice/ mediation, collaborative negotiation, and arbitration].


If a separation agreement or consent order is prepared without a lawyer, each party should get independent legal advice from a family law lawyer before signing the agreement or order. It is important that each party understands exactly what the agreement means and how it affects the legal rights and obligations. Having legal advice can help to protect a settlement if a party later challenges the agreement.
===If you can agree on the issues===
If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a '''consent order'''. Most family law cases are settled by an agreement or consent order.


==What is arbitration?==
Both parties must sign the written agreement or consent order.
Arbitration is like going to court, except that parties choose and hire and [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/arbitrators arbitrator] and they decide how the arbitration hearing will work. In other words, a family law arbitrator will make a binding decision to resolve family law issues out of court. Although parties will have to pay for the arbitrator, arbitration hearings are private and can often be scheduled sooner than court hearings. Family law arbitrators must be certified.


==What is Med/Arb?==
Each party should get '''independent legal advice''' from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:
Med/Arb is a mix of mediation and arbitration. The process starts as mediation. If the parties agree on all issues at mediation, the process ends. If the parties do not reach an agreement on all the issues, the mediator will then act as an arbitrator and may make a final decision.  


This process lets people try to reach an agreement, but if they can’t, they can still get a final decision without going to court.
* what the agreement means
* what rights and obligations the agreement gives to each party
* how the agreement affects other legal options that might otherwise be available


==Sometimes people have to go to trial==
See who can help, below, for options to get legal advice.
If people cannot settle their family law issues and have to go to a trial, they will have a hearing before a Family Court judge. Witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the people themselves are the only witnesses. After all of the evidence has been given to the judge, each side will make arguments to the judge and explain why the judge should make a particular order. The judge will then make an order resolving the issues.


==What is a family case conference?==
==Stages in the court process==
Before trial, the judge may ask the people to attend a '''family case conference''' to see if the dispute can be resolved without a trial. Family law cases are often resolved at these conferences. When the people can agree, the judge will make a consent order at the conference. Judges can make orders about procedures without the agreement of the people involved. But any other orders require their agreement.


==What is a needs of the child assessment?==
===Starting a matter in Family Court===
If arrangements about the care of a child are disputed, the Judge may ask a Family Justice Counsellor or another person, like a social worker, a psychologist or a counsellor, to prepare a '''Needs of the Child Assessment'''. These are called '''section 211 reports''' (they are written under [http://www.bclaws.ca/civix/document/id/complete/statreg/11025_10#section211 section 211] of the ''Family Law Act''). The assessor will write a report to the Judge about the needs of the child, the views of the child if the child is old enough, and the ability of the parties to meet the child’s needs.
How you start a matter in Family Court depends on the court registry location and the type of court order you seek.


These reports often describe the parenting arrangements that the assessor believes are in the best interests of the child. But because of high demand, reports prepared by Family Justice Counsellors can take a year or more to complete. Psychologists and other counsellors can write a private report faster, but the fees are often $15,000 or more. Some insurance plans will pay some of the fees.
In the Victoria and Surrey registries, you have to file [[a notice with the courthttps://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa710.pdf|a notice with the court]], and then meet with a family justice counsellor and satisfy certain requirements before you can start a court matter.


==How are a child’s wishes considered?==
In other court registries in the province, you can start a court matter by [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true filing an application with the court]. Then (depending on the registry location), you may have to meet with a family justice counsellor or complete a parenting education program, or both, before getting a court date. More on these requirements in the next section about next steps.
If issues about the care of a child who is at least 6 years old are disputed, a judge may ask a professional with special training to prepare a report. These professionals may be a Family Justice Counsellor, Parenting Coordinator, Social Worker, Psychologist, Counsellor, or a lawyer with special training. Many parents also agree to have a report done privately without a court order.


The reports explain a child’s wishes, but that doesn’t mean a child gets to choose. Parenting decisions are made by the parents, or if they cannot agree, the court. Children must not be forced, or encouraged, to make a choice. That would put them in the middle of the conflict.
In any court registry, if there’s been family violence or you have an urgent parenting issue, you can apply to get into court right away.


There are two main types of reports:
====The paperwork====
*'''Hear the child reports''' are prepared by lawyers, counsellors and social workers. These reports just describe what a child says during an interview with an expert. They do not evaluate the child’s wishes or provide opinions about the accuracy of those wishes.
To start a Family Court matter, you fill out an [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa712.pdf?forcedownload=true application about a family law matter]. You make three copies of the application, and file it with the court registry. There is no fee involved. Depending on what kind of orders you’re asking for, other forms and documents may also be required.
*'''Views of the child reports''' are prepared by a Family Justice Counselor, Psychologist, Counsellor, or Parenting Coordinator, and will include some evaluation. They will often give an opinion on the reliability of the child’s statements. For example, does the child understand the implication of their wishes, or have they been coached? Views of the child reports may also include recommendations.


Costs range from around $1,000 for a Hear the child report to $3,500 for a Views of the child report. Reports ordered by a court through the Family Justice Centre are free, but they can take up to 6 months.
You then arrange to have a copy of the filed documents '''served''' on the other party in the case. There are strict rules about how to give court documents to the other party.  


==More information==
{| class="wikitable"
*For information on Family Court or to make an appointment with a Family Justice Counsellor, call Service BC at 604.660.2421 in Metro Vancouver, 250.387.6121 in Greater Victoria, and 1.800.663.7867 elsewhere in BC. Ask for the nearest Family Justice Centre.
|align="left"|'''To complete the forms'''
*Check the [http://www.justicebc.ca/en/fam/ Family Justice website].  
Legal Aid BC’s Family Law in BC website has a free step-by-step guide for [https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/provincial-court/get-new-family-order-provincial-court-if#0 applying for a family order] in Provincial Court. For blank court forms, see the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC government website] or go to your local [https://www.provincialcourt.bc.ca/locations-contacts Family Court registry].
*Check the [http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/pas Parenting After Separation (PAS) program]. Call Service BC at 1.800.663.7867 for the nearest Family Justice Centre that can find the closest session.
|}
*Check the [http://parenting.familieschange.ca/ online PAS course] provided by Justice Education Society of BC. This program is available in English, Chinese and Punjabi.
*Check the [http://www.supremecourtselfhelp.bc.ca/alternatives.htm Justice Access Center webpage] on “Family matters” for more on mediation and other alternatives to court.
*Consider getting [https://sites.google.com/view/bfur/home?authuser=0 unbundled legal services]. They let you choose what legal services you want and what you can afford, so you don’t pay for things you could easily do yourself. But these services are not for everyone. They are for people who want to control their own legal issues. The [https://sites.google.com/view/bfur/roster BC Family Unbundling Roster website] has a list of family law lawyers who offer these services.


===Next steps===
Depending on the court registry location and the type of court order you seek, you’ll likely have to complete certain steps before you can get a date to appear before a judge.


In [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution early resolution registries in Surrey and Victoria], for example, you have to meet with a family justice counsellor, take a parenting course (if applicable), and complete a session of consensual dispute resolution (if appropriate). Only then can you start a matter in Family Court and get a court date.


[updated October 2018]
In [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/family-justice-registries family justice registries in Kelowna, Nanaimo and Vancouver], you start a Family Court matter, meet with a family justice counsellor, and take a parenting education program (if applicable). Then you’ll get a court date.


'''The above was last reviewed for legal accuracy by Michael Butterfield and Erin Bowman, and edited by John Blois'''
All other Family Court registries are [https://family.legalaid.bc.ca/bc-legal-system/provincial-court-registries/parenting-education-program-registries Parenting Education Program registries]. In these registries, you file an application to start a Family Court matter. Then, you complete a parenting education program (unless you can [https://www2.gov.bc.ca/assets/gov/law-crime-and-justice/courthouse-services/court-files-records/court-forms/family/pfa740.pdf show you’re exempt]) before getting a court date.
----


{| class="wikitable"
|align="left"|'''Court appearances'''
You’re usually expected to attend a court date in person. But for certain types of family court proceedings like conferences and pre-trial applications, [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf the usual way to attend] is by phone or Microsoft Teams audio-conference or video-conference.
If you want to attend court in a different way than scheduled, you can [https://www.provincialcourt.bc.ca/downloads/Practice%20Directions/FAM%2011%20Default%20Method%20of%20Attendance%20for%20Certain%20Court%20Appearances.pdf make a court application].
|}
===Your first court appearance===
Unless you have an urgent family matter, the first time you appear before a judge will usually be at a '''family management conference'''. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.
At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a '''consent order'''. If you can’t agree, the judge may still make important '''interim (temporary) orders''' that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.
If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a '''family settlement conference''' (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.
If a hearing is needed, the judge can make '''case management orders''' about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.
{| class="wikitable"
|align="left"|'''Preparing for a family management conference'''
The Provincial Court explains [https://www.provincialcourt.bc.ca/enews/enews-11-05-2021 what to expect at a family management conference], and Legal Aid BC has more on [https://family.legalaid.bc.ca/bc-legal-system/if-you-have-go-court/fcc-provincial-court how to prepare for one].
|}
===If the case goes to trial===
If you can’t settle your issues and have to go to a trial, you’ll have a '''hearing''' before a judge.
In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.
At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.
After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.
==Common questions==
===Do I need a lawyer to appear in Family Court?===
You '''don’t''' have to have a lawyer when you go to court. Over a third of people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.
{| class="wikitable"
|align="left"|'''Consider getting legal advice or unbundling'''
If you’re planning to represent yourself in Family Court, consider getting legal advice about your case beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see [https://unbundlinglaw.peopleslawschool.ca/ unbundlinglaw.ca].
|}
===What if my case started before the new court rules came into effect?===
[https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/120_2020 New Provincial Court Family Rules] came into effect on May 17, 2021. If a family law case you’re involved in started before that, the new rules apply and the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms new court forms] (with a couple of short-term exceptions) must be used.
==Who can help==
===With your case===
To make an appointment with a family justice counsellor, contact the nearest '''Family Justice Centre''' by calling Service BC.
:Call 1-800-663-7867 (toll-free)
:[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/family-justice-counsellors Visit website]
Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. '''Unbundled Legal Services''' lists family lawyers who offer these services.
:[https://unbundlinglaw.peopleslawschool.ca/ Visit website]
For options for '''legal advice''', see our information on [https://dialalaw.peopleslawschool.ca/free-and-low-cost-legal-help/ free and low-cost legal help]. It explains options such as legal aid, pro bono services, legal clinics, and advocates.
===With more information===
The '''BC Provincial Court website''' provides information about family law, rules, and court processes as well as links to resources.
:[https://www.provincialcourt.bc.ca/types-of-cases/family-matters Visit website]
Legal Aid BC’s '''Family Law in BC website''' has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.
:[https://family.legalaid.bc.ca/bc-legal-system/court-orders/get-order-bc/get-order-provincial-court Visit website]
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Latest revision as of 23:03, 6 November 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in January 2022.
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If you’re dealing with a family law issue, you may end up in Provincial Court (often called Family Court). There are advantages to using this court instead of BC Supreme Court. Learn what’s involved at each stage.

Alert!

This information has been updated to reflect new Provincial Court Family Rules that took effect on May 17, 2021 and amendments since then.

What you should know

Family Court can deal with many family law issues

Family Court is a division of the British Columbia Provincial Court. (Other divisions of the Provincial Court deal with criminal, traffic, and small claims cases.)

Family Court deals with many, but not all, of the legal issues that affect families. It handles the following issues under the BC Family Law Act:

  • guardianship of a child and parental responsibilities
  • parenting time and contact with a child
  • child support and spousal support
  • protection orders

Family Court also deals with child protection cases.

Family Court cannot make orders under the federal Divorce Act. It can’t:

  • grant a divorce
  • divide property or debts, or make orders about family property
  • change an order that was made under the Divorce Act
  • make adoption orders

For these issues, you have to go to the British Columbia Supreme Court. This is the other court in BC that also deals with family law issues.

Advantages of Family Court

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“My spouse and I ended our 16-year relationship. After separating, we couldn’t reach an agreement about spousal support and who our three children should live with. So I started a court action in the Family Court near me. I didn’t have to pay court filing fees, and I found the process easier to follow than I expected. At our family settlement conference, we ended up with a consent order that resolved our issues.”
– Annika, Maple Ridge, BC

The BC Supreme Court can deal with all family law issues, including all of the issues Family Court deals with. So why would you want to go to Family Court?

Family Court has some advantages over Supreme Court:

  • The Family Court forms are easier to understand. They’re written in plain language and include information on when to use them, next steps, and tips for completion.
  • No court fees are charged in Family Court.
  • The rules of court are simpler than the rules of the Supreme Court. Plus, the Family Court rules encourage people to try to resolve their issues by agreement earlier on in the court process.
  • Family Courts have family justice counsellors available. These are specially trained government workers who can help people resolve certain types of family law issues, including through mediation. Their services are free and confidential.
  • The atmosphere of Family Court is more informal.
  • Many Family Courts have family duty counsel available. These are lawyers who provide free legal advice to help people with low incomes deal with their family law problems.

The court process varies depending on the registry and order involved

There are registries at various Provincial Courts throughout BC. How the Family Court process works depends on the registry location and the type of court order you need.

Many Family Court registries have certain requirements you have to meet before you can get a date to appear in front of a judge. We explain these below, under stages in the court process.

But there are exceptions. In certain circumstances, you can fast forward the process. For example:

  • If you’re experiencing family violence, you can apply for a protection order. This a court order to protect one person from another.
  • If the other parent wants to move with the children or is refusing to agree to you taking them abroad on a planned holiday, you can apply for an order in a priority parenting matter.
Self-help guides

The Family Law in BC website from Legal Aid BC has step-by-step guides on applying for a protection order and applying for a priority parenting matter order.

Options to resolve a case outside the courtroom

Even after a family law case has been started, you can still try to resolve your issues without going to a hearing before a judge.

You might try negotiating with each other to try to reach an agreement. You could do this with or without the help of lawyers. You could also get help from other family members, elders, or other community members.

You could try mediation. This involves meeting with a neutral person (a mediator) who helps find a solution everyone can agree on. The mediator doesn’t make decisions, but instead helps the parties make decisions for themselves.

You can use a family justice counsellor as a mediator. Their services are free. (At some Provincial Court locations, parties are required to meet with a family justice counsellor as one of the first steps in the court process.) Or you can hire a private mediator.

Or you could try collaborative negotiation. This is also known as “collaborative family law.” It’s a kind of negotiation where each party has their own lawyer and agrees to do everything possible to reach a settlement without going to court. The approach emphasizes full disclosure, communication, and a safe and respectful environment to help the parties negotiate a settlement collaboratively.

For more on these approaches, see our information on mediation, collaborative negotiation, and arbitration.

If you can agree on the issues

If you can work out your issues, you and the other people involved can put your agreement into writing. Or you might want a judge to make a court order that reflects your agreement. This is called a consent order. Most family law cases are settled by an agreement or consent order.

Both parties must sign the written agreement or consent order.

Each party should get independent legal advice from a lawyer before they sign the document. This involves each party meeting with their own lawyer to get legal advice. A lawyer can explain:

  • what the agreement means
  • what rights and obligations the agreement gives to each party
  • how the agreement affects other legal options that might otherwise be available

See who can help, below, for options to get legal advice.

Stages in the court process

Starting a matter in Family Court

How you start a matter in Family Court depends on the court registry location and the type of court order you seek.

In the Victoria and Surrey registries, you have to file a notice with the court, and then meet with a family justice counsellor and satisfy certain requirements before you can start a court matter.

In other court registries in the province, you can start a court matter by filing an application with the court. Then (depending on the registry location), you may have to meet with a family justice counsellor or complete a parenting education program, or both, before getting a court date. More on these requirements in the next section about next steps.

In any court registry, if there’s been family violence or you have an urgent parenting issue, you can apply to get into court right away.

The paperwork

To start a Family Court matter, you fill out an application about a family law matter. You make three copies of the application, and file it with the court registry. There is no fee involved. Depending on what kind of orders you’re asking for, other forms and documents may also be required.

You then arrange to have a copy of the filed documents served on the other party in the case. There are strict rules about how to give court documents to the other party.

To complete the forms

Legal Aid BC’s Family Law in BC website has a free step-by-step guide for applying for a family order in Provincial Court. For blank court forms, see the BC government website or go to your local Family Court registry.

Next steps

Depending on the court registry location and the type of court order you seek, you’ll likely have to complete certain steps before you can get a date to appear before a judge.

In early resolution registries in Surrey and Victoria, for example, you have to meet with a family justice counsellor, take a parenting course (if applicable), and complete a session of consensual dispute resolution (if appropriate). Only then can you start a matter in Family Court and get a court date.

In family justice registries in Kelowna, Nanaimo and Vancouver, you start a Family Court matter, meet with a family justice counsellor, and take a parenting education program (if applicable). Then you’ll get a court date.

All other Family Court registries are Parenting Education Program registries. In these registries, you file an application to start a Family Court matter. Then, you complete a parenting education program (unless you can show you’re exempt) before getting a court date.

Court appearances

You’re usually expected to attend a court date in person. But for certain types of family court proceedings like conferences and pre-trial applications, the usual way to attend is by phone or Microsoft Teams audio-conference or video-conference.

If you want to attend court in a different way than scheduled, you can make a court application.

Your first court appearance

Unless you have an urgent family matter, the first time you appear before a judge will usually be at a family management conference. This is a 20- to 60-minute meeting with the other party and a judge. The judge will try to help you and the other party reach an agreement. If that’s not possible, the judge will help you get organized for a hearing or a trial.

At a family management conference, a judge can make court orders. If you and the other party agree about your family law issues, the judge will make a consent order. If you can’t agree, the judge may still make important interim (temporary) orders that can last at least until you have a hearing. Because of this, you must be prepared to tell the judge what orders you want and why. You can provide spoken and affidavit evidence to support your position.

If issues aren’t resolved at the family management conference, the judge can decide on the next steps in your case. This can include participating in mediation, attending a family settlement conference (an informal meeting with a judge to try to resolve the dispute), or setting a hearing date.

If a hearing is needed, the judge can make case management orders about timing, witnesses, documents, and other evidence to make sure the trial is conducted efficiently.

Preparing for a family management conference

The Provincial Court explains what to expect at a family management conference, and Legal Aid BC has more on how to prepare for one.

If the case goes to trial

If you can’t settle your issues and have to go to a trial, you’ll have a hearing before a judge.

In your community, the Provincial Court might have a separate courtroom for family law cases. Or family law cases might be heard in one of the regular courtrooms on a particular day of the week. Usually there’s one day each week or every other week when the court will hear family law cases.

At the hearing, witnesses give oral testimony (they tell the court their side of the case) and present documents or other evidence. Often, the parties themselves are the only witnesses.

After all of the evidence has been given to the judge, each side will make arguments to the judge. They’ll explain why they think the judge should decide in their favor. The judge will then make an order resolving the issues.

Common questions

Do I need a lawyer to appear in Family Court?

You don’t have to have a lawyer when you go to court. Over a third of people bringing a case in Family Court represent themselves. The rules in Family Court are simpler than in Supreme Court and the atmosphere is more informal.

Consider getting legal advice or unbundling

If you’re planning to represent yourself in Family Court, consider getting legal advice about your case beforehand. Or you could explore hiring an “unbundled lawyer” to help coach you or help with part of your case. To find a lawyer who offers unbundled services, see unbundlinglaw.ca.

What if my case started before the new court rules came into effect?

New Provincial Court Family Rules came into effect on May 17, 2021. If a family law case you’re involved in started before that, the new rules apply and the new court forms (with a couple of short-term exceptions) must be used.

Who can help

With your case

To make an appointment with a family justice counsellor, contact the nearest Family Justice Centre by calling Service BC.

Call 1-800-663-7867 (toll-free)
Visit website

Unbundling allows you to hire a lawyer for specific parts of your case or to coach you through the court process. Unbundled Legal Services lists family lawyers who offer these services.

Visit website

For options for legal advice, see our information on free and low-cost legal help. It explains options such as legal aid, pro bono services, legal clinics, and advocates.

With more information

The BC Provincial Court website provides information about family law, rules, and court processes as well as links to resources.

Visit website

Legal Aid BC’s Family Law in BC website has self-help guides that include step-by-step instructions and blank forms you’ll need for going to Provincial (Family) Court.

Visit website
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