Difference between revisions of "Provincial (Family) Court"

{{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-rapoport/ Samantha Rapoport], Brown Henderson Melbye |date= March 2020}} {{Dial-A-Law TOC|expanded = disputes}}

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| 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 case conference, we ended up with a consent order that resolved our family law issues." <br>– Annika, Maple Ridge, BC

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===Family Court can deal with many family issues===

'''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.)

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

 

* grant a divorce

* change an order that was made under the [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-3-2nd-supp/latest/rsc-1985-c-3-2nd-supp.html ''Divorce Act'']

For these issues, [https://www.courts.gov.bc.ca/supreme_court/index.aspx you have to go to the British Columbia Supreme Court]. This is the other court in BC that also deals with family law issues.

The 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 Provincial 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.

Family Court is for everyone who has family law issues, including:

A case in Family Court starts with paperwork. You fill out and '''file an application''' with the court. Depending on what kind of orders you’re asking for, other forms and documents may also be required.

You make three copies of the documents. These then have to be filed at a Family Court registry. There’s '''no fee''' for filing the documents.

You then '''serve''' a copy of the filed documents on the other person in the case. You and the other person are called the “parties” to the case. There are strict rules about how to give court documents to the other party.

{| class="wikitable"

|align="left"|'''Tip'''

[http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/prov-family-forms You can find blank court forms on the BC government website]. You can also get free printed forms from the [http://www.provincialcourt.bc.ca/locations-contacts court registry in the town or city where you live]. The wikibook ''JP Boyd on Family Law'' includes [https://wiki.clicklaw.bc.ca/index.php/Provincial_Court_Forms_(Family_Law) samples of many completed forms].

|align="left"|'''Alert!'''

The Provincial Court registries in Victoria and Surrey have a specific court process that highlights early resolution. If you’re starting a family law case in Victoria or Surrey, [https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/your-options/early-resolution see the BC government’s website].

===After a case is started in Family Court===

[https://www.provincialcourt.bc.ca/locations-contacts There are registries at various Provincial Courts throughout BC]. Different registries 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 about the care and support of children. Their services include mediation and counselling.

Other court registries require parties to take a '''Parenting After Separation course''' before they can see a judge. This free course helps parents understand 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 court hearing. This is an informal meeting with a judge. At the meeting, the parties talk about the issues each party has raised in the case, see what can be agreed to, and talk about how the claims will be resolved going forward.

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 judge.

The parties might try '''negotiating''' with each other to try to reach an agreement. They could do this with or without the help of 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 find a solution everyone can agree on. The mediator doesn’t make decisions, but instead 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 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, [[Mediation and Collaborative Practice|see our information on mediation and collaborative negotiation]].

===If the parties can agree on the issues===

If the parties can work out their issues, they can put their agreement into writing. Or they might want a judge to make a court order that reflects their 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 rights and obligations the agreement gives to each party

 

===If the case goes to trial===

If the parties can’t settle their issues and have to go to a trial, they’ll have a '''hearing''' before a judge.

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.

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 and forms in Family Court are simpler than in Supreme Court and the atmosphere is more informal.

|align="left"|'''Tip'''

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, [https://unbundlinglaw.peopleslawschool.ca/ see '''unbundlinglaw.ca'''].

===What can I do in an emergency?===

After a case is started in Family Court, there is a wait time to get an appointment to see a family justice counsellor or to take the Parenting After Separation course. But in certain circumstances, different procedures apply. If you’re experiencing family violence, tell the court clerk. They 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, [[Family Violence (No. 155)|see our information on family violence]].

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

 

* [https://familylaw.lss.bc.ca/bc-legal-system/court-orders/get-order-bc/get-order-provincial-court Visit website]

 

The wikibook ''JP Boyd on Family Law'' explains how to start a family law action in Family Court.

* [[How Do I Start a Family Law Action in the Provincial Court?|Visit website]]

The Justice Education Society’s '''HowToSeparate''' website provides online courses on how to work out family problems and instructions for going to court.

* [https://www.howtoseparate.ca/ Visit website]