Difference between revisions of "Provincial (Family) Court"

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. 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.

To find the nearest Provincial Court, look in the blue pages of the phone book under “C” for courts.

Family Court deals with a limited number of family law issues under the provincial ''Family Law Act'', including:

*guardianship of a child

Family Court also deals with child protection cases with the Ministry for Children and Family Development under the provincial ''Child, Family and Community Service Act''.

==Who can apply to 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.

==What issues have to go to Supreme Court?==

Family Court cannot give 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.

==Appearing without a lawyer in 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.

==Why go to Family Court?==

Family Court can make orders about child care, child support, spousal support and protection orders. Family Court has other advantages:

*The court forms are easier to fill out than Supreme Court forms.

*No court fees are charged.

*The rules of court are much simpler than the rules of the Supreme Court.

*Duty counsel are sometimes available to help people who don’t have their own lawyer.

==The first step is to go to the courthouse and talk to the clerk at the family law counter==

Different registries of the Family Court have different rules about how cases get started. Some registries require that parties meet with a Family Justice Counsellor before they can see a judge. Other registries require parties to take the 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.

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 a party to a Legal Aid office or suggest hiring a lawyer. Contact information for the Family Justice Counsellors is given at the end of this script.

The 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. Contact information for the Parenting After Separation program is given at the end of this script. It's a good idea to take the program whether the court requires it or not.

==What to do if it’s an emergency?==

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 without an appointment with a Family Justice Counsellor or the Parenting After Separation program.

==How are Family Court cases resolved?==

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.

*If the parties cannot make a decision for themselves, a Family Court judge will make a decision following 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?==

In mediation, an independent person meets with the parties to help them discuss their issues and find a settlement. 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. Thus, parties can use a Family Justice Counsellor as their mediator or they can hire a private mediator. Family Law Mediators are lawyers with special training in mediation and can also be hired privately. 

For more information on mediation, refer to Script [[Mediation and Collaborative Settlement Processes | Script 111]] on “Mediation and Collaborative Settlement Processes”.  

==What are collaborative settlement 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, refer to Script 111 on “Mediation and Collaborative Settlement Processes”.  

 

 

 

 

 

 

 

 

 

 

'''The above was last reviewed for accuracy by Janette Kovacs.'''