Child protection comes under different legislation than family law matters. BCBritish Columbia's laws about child protection laws are contained found in the provincial ''[http://canlii.ca/t/84dv Child, Family and Community Service Act]'' (''CFCSA'') and its regulations. Child protection matters are heard in BC the Provincial Court , under the ''Provincial Court (Child, Family and Community Service Act) Rules'', and are dealt with may also be heard in the BC Supreme Court.

Unlike normal family law proceedings where two former spouses decide how to proceed with their case, it's the provincial [https://www.gov.bc.ca/mcf/ Ministry of Children and Family Development] (MCFD) , or an ''"Indigenous authority'' " under the ''CFCSA'' , that takes steps in a manages child protection proceedingproceedings. Once these authorities investigate a child protection concern, they have a legal duty to make decisionstake steps, including possibly seeking court orders, that to ensure the safety and well-being of the children.

In ''[https://canlii.ca/t/h5p6m J.P. v. British Columbia (Children and Family Development)]'', 2017 BCCA 308, the BC Court of Appeal made it clear that the Ministry of Children and Family Development, also called the "MCFD ," can seek ask for child protection orders even if a family order law orders about children's parenting arrangements already exist. The MCFD has to must make its decisions "regardless of the nature of the dispute between the parents in the family proceeding.". This means that even if a family law order greatly restricts one a parent's contact with a child, if the MCFD becomes involved and decides that parent should have broad access rights, the MCFD can seek that order in Provincial Court and that order will have priority. The ''CFCSA'', and not the ''Family Law Act'' or the ''Divorce Act'', directs how child protection matters are handled. As a side note, the ''CFCSA'' still uses the terms ''custody'' and ''access'' even though the ''Family Law Act'' and the ''Divorce Act'' have moved to the terms ''guardianship, parenting time, and contact with children''.