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Difference between revisions of "Family Law Litigation in Provincial Court"
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Family Law Litigation in Provincial Court (view source)
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This chapter starts by providing a thumbnail sketch of the basic court process for family law proceedings in Provincial Court. You should review the definitions and terminology listed in the chapter on [[Resolving Family Law Problems in Court]]. | This chapter starts by providing a thumbnail sketch of the basic court process for family law proceedings in Provincial Court. You should review the definitions and terminology listed in the chapter on [[Resolving Family Law Problems in Court]]. | ||
The other sections in this chapter provide more detail about [[Starting and Responding to Provincial Court Family Law Proceedings|starting and responding to a proceeding]], [[Disclosure and Provincial Court Family Law Proceedings|disclosure and exchange of documents], [[Conferences and Provincial Court Family Law Proceedings|case conferences]], making [[Interim Applications and Provincial Court Family Law Proceedings|applications for temporary and urgent orders]], [[Trials and Provincial Court Family Law Proceedings|trials]], [[Enforcing Provincial Court Family Law Orders|enforcing orders]], and [[Changing Provincial Court Family Law Orders|applying for changes to orders]]. | The other sections in this chapter provide more detail about [[Starting and Responding to Provincial Court Family Law Proceedings|starting and responding to a proceeding]], [[Disclosure and Provincial Court Family Law Proceedings|disclosure and exchange of documents]], [[Conferences and Provincial Court Family Law Proceedings|case conferences]], making [[Interim Applications and Provincial Court Family Law Proceedings|applications for temporary and urgent orders]], [[Trials and Provincial Court Family Law Proceedings|trials]], [[Enforcing Provincial Court Family Law Orders|enforcing orders]], and [[Changing Provincial Court Family Law Orders|applying for changes to orders]]. | ||
==The Provincial Court and its rules== | ==The Provincial Court and its rules== | ||
The Provincial Court has jurisdiction to deal with family law issues relating to parenting children, child support, spousal support, companion animals (pets) and orders protecting people under the ''[[Family Law Act]]''. These are ''family law matters'', to which the Provincial Court Family Rules apply. The Provincial Court also deals with ''child protection'' | The Provincial Court has jurisdiction to deal with family law issues relating to parenting children, child support, spousal support, companion animals (pets) and orders protecting people under the ''[[Family Law Act]]''. These are ''family law matters'', to which the Provincial Court Family Rules apply. The Provincial Court also deals with ''child protection''. | ||
It does not have the authority to deal with issues about parentage, dividing property and debt, and orders protecting property under the ''Family Law Act'', nor can it deal with claims under the ''[[Divorce Act]]''. See the table in the general chapter on [[Resolving Family Law Problems in Court]], which shows which trial court can deal with which family law problem. | It does not have the authority to deal with issues about parentage, dividing property and debt, and orders protecting property under the ''Family Law Act'', nor can it deal with claims under the ''[[Divorce Act]]''. See the table in the general chapter on [[Resolving Family Law Problems in Court]], which shows which trial court can deal with which family law problem. | ||
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The Provincial Court process is designed to be more affordable and easier to navigate without a lawyer's help. Most family forms can be completed online using the [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service]. In Provincial Court, unlike BC Supreme Court, ''costs'' are almost never payable, meaning that even if you lose, you don't need to pay anything toward the other side's legal costs. (That said, a word of caution: if a judge decides that cross examining an expert witness was unnecessary, then the party who decides to cross examine that expert can be responsible for the cost of paying that witness, which can be in the thousands of dollars.) There are fewer fees for proceeding in Provincial Court, too. | The Provincial Court process is designed to be more affordable and easier to navigate without a lawyer's help. Most family forms can be completed online using the [https://justice.gov.bc.ca/apply-for-family-order/ Family Law Act Online Forms Service]. In Provincial Court, unlike BC Supreme Court, ''costs'' are almost never payable, meaning that even if you lose, you don't need to pay anything toward the other side's legal costs. (That said, a word of caution: if a judge decides that cross examining an expert witness was unnecessary, then the party who decides to cross examine that expert can be responsible for the cost of paying that witness, which can be in the thousands of dollars.) There are fewer fees for proceeding in Provincial Court, too. | ||
In 2021, BC completely overhauled its [https://canlii.ca/t/b8rn|Provincial Court Family Rules] in an effort aimed at promoting settlement where possible, and finding a fair process to minimize conflict and | In 2021, BC completely overhauled its [https://canlii.ca/t/b8rn|Provincial Court Family Rules] in an effort aimed at promoting settlement where possible, and finding a fair process to minimize conflict and promote cooperation between parties. | ||
Section 8 of the new rules clearly states that “parties may come to an agreement or otherwise reach resolution about family issues at any time”. That means that even if it's the morning of your trial and you’re all ready to go, you and your ex can decide to settle without going to trial. | Section 8 of the new rules clearly states that “parties may come to an agreement or otherwise reach resolution about family issues at any time”. That means that even if it's the morning of your trial and you’re all ready to go, you and your ex can decide to settle without going to trial. | ||
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Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025. | Currently, the registries in Victoria, Surrey and Port Coquitlam are Early Resolution Registries. In April 2025, the registries in Abbotsford, Chilliwack and New Westminster will become Early Resolution Registries, followed by Vancouver (Robson), North Vancouver, Richmond, Sechelt and Pemberton in November 2025. | ||
If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs | If you are in an Early Resolution Registry, and you want to bring an application for non-urgent ''family law matter'' (as opposed to a ''priority parenting matter'' or a protection order), you will need to file a Form 1 Notice to Resolve a Family Law Matter, provide a copy to the other party (this can often be done through email), meet one-on-one with a family justice counsellor as a needs assessor (an important meeting designed to assess your situation and guide you), complete a parenting education program, and participate in consensual dispute resolution (unless the needs assessor determines this to be inappropriate) — all ''before'' you start your court application. | ||
You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms. | You can contact the [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution Family Justice Centre] associated with your registry to learn more, ask questions, and get help with forms. | ||
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'''Family Justice Registries''': Kelowna, Nanaimo, and Vancouver (Robson Square)'s registries have a special process for court applications that involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are children involved, you and the other party will also first have to take a parenting course. | '''Family Justice Registries''': Kelowna, Nanaimo, and Vancouver (Robson Square)'s registries have a special process for court applications that involve children (note however that in November 2025, Vancouver (Robson Square) will switch to become an Early Resolution Registry). You may file your Application About a Family Matter in a Family Justice Registry, but before an FMC is scheduled you will need to meet with a family justice counsellor to do a needs assessment. And if there are children involved, you and the other party will also first have to take a parenting course. | ||
'''Parenting Education Program Registries''': This type of registry applies to all of the other Provincial Court locations. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with | '''Parenting Education Program Registries''': This type of registry applies to all of the other Provincial Court locations. They require parties who are parents of children under 19 to take a parenting after separation course in most cases. A certificate of completion of the parenting after separation course is filed with the registry, and this lets you proceed to make court applications. Any of these requirements can be waived if it really makes sense to do so. For example, the requirement to take a parenting education program can be waived if the course isn't offered in a language that a party can understand. Applying for a waiver of any requirement is done with a Form 11 Application for a Case Management Order Without Notice or Attendance, discussed in the section of this chapter on [[Interim Applications and Provincial Court Family Law Proceedings]]. | ||
===Stage 2: Starting and replying to an application=== | ===Stage 2: Starting and replying to an application=== | ||
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A common element of all registry types is the ''Family Management Conference'' ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete. | A common element of all registry types is the ''Family Management Conference'' ("FMC"), and this is one of the novel elements of the new Provincial Court Family Rules. An FMC is booked with the registry (the Judicial Case Manager, specifically) after the application and reply stage is complete. | ||
An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each | An FMC is the first time most parties appear before a judge. FMCs are a more informal, settlement-focused, initial appearance. Even if settlement isn't possible at an FMC, the judge can make useful orders (by consent or not) to address issues in the short term (until resolution is reached or a trial is held). The judge at an FMC can guide parties about the next appropriate steps, and may give a neutral opinion about each party's case. [[Conferences and Provincial Court Family Law Proceedings]] delves into this important stage of the case. | ||
===Stage 4: Disclosure=== | ===Stage 4: Disclosure=== | ||
