Difference between revisions of "Provincial (Family) Court"

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{{Dial-A-Law TOC|expanded = family}}
{{Dial-A-Law TOC|expanded = family}}
==What is Family Court?==
If you’re dealing with a family law issue, you may end up in Family Court. (There are advantages to this court over Supreme Court.) Learn what’s involved at each stage.  
[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.


==What does Family Court handle?==
==Understand the legal framework==
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
===Family Court is one of two courts that deal with family issues===
*parental responsibilities
'''Family Court''' is a division of the [http://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.
*parenting time
 
*contact with a child
Family Court deals with most legal issues that impact families, but not all of them. It deals with these issues under the BC ''[http://canlii.ca/t/8q3k Family Law Act]'':
*guardianship of a child and parental responsibilities
*parenting time and contact with a child
*child support and spousal support
*child support and spousal support
*protection and conduct orders
*protection 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 Child, Family and Community Service Act]''.


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 also deals with child protection cases.


==Who can apply to Family Court?==
Family Court '''cannot''':
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.
*grant a divorce
*divide property or debts, or make orders about family property
*change an order that was made under the ''[http://canlii.ca/t/7vbw Divorce Act]''
*make adoption orders


==What issues have to go to Supreme Court?==
To deal with these issues, you have to go to [https://www.courts.gov.bc.ca/supreme_court/index.aspx British Columbia Supreme Court].
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.
===Advantages of Family Court===
The Supreme Court can deal with all family law issues, including all of the issues the Provincial Court deals with.  


==Appearing without a lawyer in Family Court==
Given that, why would you want to go to Family Court?
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.


==Why go to Family Court?==
Family Court has some advantages over Supreme Court:
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.
*The court forms are easier to fill out than Supreme Court forms.
*No court fees are charged.
*No court fees are charged.
*The rules of court are simpler than the rules of the Supreme Court.
*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.
*The atmosphere of Family Court is more informal.
*Family Courts have '''family justice counsellors''' available. These are specially trained government workers who can help people resolve some family law issues, including through mediation. Their services are free. 
*Family Courts sometimes 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.  


==First, go to the courthouse and talk to the clerk at the family law counter==
===Starting a case in 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 on how to start a case and what to do to see a judge.
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.


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.
A case is started in Family Court by '''filing an application''' with the court. Depending on what kind of orders are being sought, other documents may also be required.


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.
The applicant makes three copies of the documents, and files the documents at a Family Court registry. There’s no fee for filing the documents.


==What to do in an emergency?==
The applicant then '''serves''' a copy of the filed documents on the other party. There are strict rules about how to give court documents to the other party.  
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.


==How are Family Court cases resolved?==
{| class="wikitable"
There are a few ways that family law cases are resolved.
|align="left"|'''Tip'''
*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.
Blank Family Court forms are on the [http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms BC government website]. You can also get free printed forms from the [http://www.provincialcourt.bc.ca/locations-contacts Family Court registry] in the town or city where you live.
*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?==
===After the case is started===
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.
Different registries of the Family Court have different rules about what happens next. Some registries require that parties meet with a '''family justice counsellor''' before they can see a judge. Family justice counsellors can help families resolve issues relating to the care and support of children, including through providing mediation.
Other registries require parties to take a “'''Parenting After Separation” course''' before they can see a judge. This free course helps parents with how to make decisions in the best interests of their child. It's a good idea to take the course whether the court requires it or not.


==What is mediation?==
The parties may be asked to attend a '''family case conference''' to see if the dispute can be resolved without a hearing. This is an informal meeting with a judge to talk about the claims each party has made, see what can be agreed to, and talk about how the claims will be resolved. Family law cases are often resolved at these conferences. When the parties can agree, the judge will make a '''consent order''' at the conference.
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.


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.
===Options to resolve a case outside the courtroom===
Once a family law case has been started, the parties can try to resolve their issues without going to a hearing before a Family Court judge.  


For more information on mediation, refer to Script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
The parties might try '''negotiating''' with each other. This involves discussing the issues to try to reach an agreement. They could negotiate with the help of lawyers or without lawyers. They could also get help from other family members, elders or other community members.


==What are collaborative settlement processes?==
The parties could try '''mediation'''. This involves meeting with a neutral person (a mediator), who helps them find a solution they agree on. The mediator doesn’t make decisions, but rather helps the parties make decisions for themselves. Parties can use a family justice counsellor as their mediator (their services are free) or they can hire a private mediator.
[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.
Or the parties could try '''collaborative practice'''. Also known as “collaborative family law”, this is a kind of negotiation where each party has their own lawyer and agree they will 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 information on collaborative processes, check Script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
For more on these approaches, see our information on [[Mediation and Collaborative Settlement Processes (Script 111)|mediation and collaborative practice (no. 111)]].


==If a settlement is reached, put it in writing==
===If the parties can agree on the issues===
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.
If the parties can work out their issues, their agreement can be recorded in writing. Or it might be recorded in an order the parties agree the judge will make, called a '''consent order'''. Most family law cases are settled by an agreement or consent order.


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.
Both parties must sign the written agreement or consent order.  


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


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.
===Going to Family Court===
If the parties cannot settle their issues and have to go to a trial, they will have a '''hearing''' before a Family Court judge.  


==What is arbitration?==
In your community, 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 is a day each week or every other week when the court will hear family law cases.
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?==
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.  
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.  
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.


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.
==Common questions==


==Sometimes people have to go to trial==
===Do I need a lawyer to appear in Family Court?===
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.
There is no rule that people have a lawyer when they are going to court. The rules and forms in Family Court are simpler than in Supreme Court, and the atmosphere is more informal in Family Court. If you are planning to represent yourself in Family Court, consider getting legal advice 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 [http://unbundlinglaw.ca unbundlinglaw.ca].


==What is a family case conference?==
===What to do in an emergency?===
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.
After a case is started in Family Court, there is a waiting time for an appointment to see a family justice counsellor or take the “Parenting After Separation” course. If you’re experiencing family violence, tell the court clerk. The clerk can explain how the Family Court can make a '''protection order''' in an emergency. This is a court order to protect one person from another. For more on this option, see our information on [[Family Violence (Script 155)|family violence (no. 155)]].  
==Get help==


==What is a needs of the child assessment?==
===With your case===
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.
To make an appointment with a family justice counsellor, contact the nearest '''Family Justice Centre''' by calling Service BC.  
:Telephone: 604-660-2421 in Metro Vancouver or 250-387-6121 in Victoria
:Toll-free: 1-800-663-7867
:Web: [http://www.justicebc.ca/en/fam/ justicebc.ca/en/fam]  


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.
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 law lawyers who offer these services.
:Web: [http://unbundlinglaw.ca unbundlinglaw.ca]


==How are a child’s wishes considered?==
===More information===
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 Legal Services Society’s '''Family Law in BC website''' features guides that include step-by-step instructions and blank forms you’ll need for going to Family Court.
:Web: [https://familylaw.lss.bc.ca/legal_issues/legalSystemDIY.php familylaw.lss.bc.ca]


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.
The '''“Parenting After Separation” course''' is provided by Justice Education Society of BC and can be done online or in-person.
:Web: [http://parenting.familieschange.ca/ parenting.familieschange.ca]


There are two main types of reports:
*'''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.
*'''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.


==More information==
[updated October 2018]
*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.
*Check the [http://www.justicebc.ca/en/fam/ Family Justice website].
*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.


'''The above was last reviewed for legal accuracy by [https://www.butterfieldlaw.ca/about-us/ Michael Butterfield], Butterfield Law, and [https://www.bowmanlaw.ca/subpage/our-team/erin-bowman/ Erin Bowman], Bowman Law Centre.'''


 
----
[updated October 2018]
 
'''The above was last reviewed for legal accuracy by Michael Butterfield and Erin Bowman, and edited by John Blois.'''
----
----


Revision as of 06:31, 12 February 2019

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If you’re dealing with a family law issue, you may end up in Family Court. (There are advantages to this court over Supreme Court.) Learn what’s involved at each stage.

Understand the legal framework

Family Court is one of two courts that deal with family 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 most legal issues that impact families, but not all of them. It deals with these 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:

  • 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

To deal with these issues, you have to go to British Columbia Supreme Court.

Advantages of Family Court

The Supreme Court can deal with all family law issues, including all of the issues the Provincial Court deals with.

Given that, why would you want to go to Family Court?

Family Court has some advantages over Supreme Court:

  • 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.
  • The atmosphere of Family Court is more informal.
  • Family Courts have family justice counsellors available. These are specially trained government workers who can help people resolve some family law issues, including through mediation. Their services are free.
  • Family Courts sometimes 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.

Starting a case in Family Court

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.

A case is started in Family Court by filing an application with the court. Depending on what kind of orders are being sought, other documents may also be required.

The applicant makes three copies of the documents, and files the documents at a Family Court registry. There’s no fee for filing the documents.

The applicant then serves a copy of the filed documents on the other party. There are strict rules about how to give court documents to the other party.

Tip

Blank Family Court forms are on the BC government website. You can also get free printed forms from the Family Court registry in the town or city where you live.

After the case is started

Different registries of the Family Court have different rules about what happens next. Some registries require that parties meet with a family justice counsellor before they can see a judge. Family justice counsellors can help families resolve issues relating to the care and support of children, including through providing mediation.

Other registries require parties to take a “Parenting After Separation” course before they can see a judge. This free course helps parents with how to make decisions in the best interests of their child. It's a good idea to take the course whether the court requires it or not.

The parties may be asked to attend a family case conference to see if the dispute can be resolved without a hearing. This is an informal meeting with a judge to talk about the claims each party has made, see what can be agreed to, and talk about how the claims will be resolved. Family law cases are often resolved at these conferences. When the parties can agree, the judge will make a consent order at the conference.

Options to resolve a case outside the courtroom

Once a family law case has been started, the parties can try to resolve their issues without going to a hearing before a Family Court judge.

The parties might try negotiating with each other. This involves discussing the issues to try to reach an agreement. They could negotiate with the help of lawyers or without lawyers. They could also get help from other family members, elders or other community members.

The parties could try mediation. This involves meeting with a neutral person (a mediator), who helps them find a solution they agree on. The mediator doesn’t make decisions, but rather helps the parties make decisions for themselves. Parties can use a family justice counsellor as their mediator (their services are free) or they can hire a private mediator.

Or the parties could try collaborative practice. Also known as “collaborative family law”, this is a kind of negotiation where each party has their own lawyer and agree they will 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 and collaborative practice (no. 111).

If the parties can agree on the issues

If the parties can work out their issues, their agreement can be recorded in writing. Or it might be recorded in an order the parties agree the judge will make, 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 advice about what the agreement means, what rights and obligations the agreement gives to each party, and how the agreement affects other legal options that might otherwise be available.

Going to Family Court

If the parties cannot settle their issues and have to go to a trial, they will have a hearing before a Family Court judge.

In your community, 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 is a 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 and explain why the judge should make a particular order. The judge will then make an order resolving the issues.

Common questions

Do I need a lawyer to appear in Family Court?

There is no rule that people have a lawyer when they are going to court. The rules and forms in Family Court are simpler than in Supreme Court, and the atmosphere is more informal in Family Court. If you are planning to represent yourself in Family Court, consider getting legal advice 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 to do in an emergency?

After a case is started in Family Court, there is a waiting time for an appointment to see a family justice counsellor or take the “Parenting After Separation” course. If you’re experiencing family violence, tell the court clerk. The clerk can explain how the Family Court can make a protection order in an emergency. This is a court order to protect one person from another. For more on this option, see our information on family violence (no. 155).

Get help

With your case

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

Telephone: 604-660-2421 in Metro Vancouver or 250-387-6121 in Victoria
Toll-free: 1-800-663-7867
Web: justicebc.ca/en/fam

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 law lawyers who offer these services.

Web: unbundlinglaw.ca

More information

The Legal Services Society’s Family Law in BC website features guides that include step-by-step instructions and blank forms you’ll need for going to Family Court.

Web: familylaw.lss.bc.ca

The “Parenting After Separation” course is provided by Justice Education Society of BC and can be done online or in-person.

Web: parenting.familieschange.ca


[updated October 2018]

The above was last reviewed for legal accuracy by Michael Butterfield, Butterfield Law, and Erin Bowman, Bowman Law Centre.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


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