Information on the Victoria Early Resolution and Case Management Prototype launched May 13, 2019.
Provincial Court judges deal with family matters under various British Columbia laws:
- Under the Family Law Act they help separated couples to agree on parenting arrangements and financial support, and judges conduct hearings and make decisions when a couple cannot agree. Judges can also make protection orders to protect at risk family members from family violence.
- Under the Child, Family and Community Service Act they decide whether children should have been removed from their parents’ care because of abuse or neglect and help families and social workers agree on what is necessary to reunite the family.
- Under the Family Maintenance Enforcement Act they make orders to collect unpaid child and spousal support.
- Under the Interjurisdictional Support Orders Act they make orders about child and spousal support where the parties live in different jurisdictions (provinces, states and countries).
- And under the Adult Guardianship Act they make orders to protect abused or neglected adults who are unable to seek assistance for themselves due to illness, injury or some other condition.
See Resources for Family Cases for information and resources on Provincial Court family matters.
Two Trial Courts
People seeking court orders for guardianship of children, parenting arrangements, and child and spousal maintenance under the Family Law Act may go to either the Provincial Court or the Supreme Court of British Columbia, since the courts have “concurrent jurisdiction” in those matters.
However, only a judge appointed by the federal government can make orders about divorce and division of a family’s property, so the Supreme Court of BC has “exclusive jurisdiction” in those matters. All child protection matters under the Child, Family and Community Service Act are dealt with in the Provincial Court, although protective intervention orders and restraining orders can also be obtained in the Supreme Court.
Alternate Dispute Resolution
The BC Provincial Court initiated judge-led case conferences in family matters in 1996. Since then these conferences have been incorporated into rules and procedures in both family and child protection legislation. The Family Law Act emphasizes ways to help families agree on parenting and support plans through parenting education, involvement of Family Justice Counsellors, and mediation by judges and other professionals.
Before there is a hearing on any family application, the parties may attend a family case conference in which they sit around a table with a judge in a conference room to discuss their parenting plan, determine whether they can settle the dispute, and identify any issues that require a full hearing.
BC also has some new resources to help families through separation.
The procedures for making applications under the statutes mentioned earlier are set out in the Provincial Court (Family) Rules, the Provincial Court (Child, Family and Community Service Act) Rules, and the Provincial Court (Adult Guardianship) Rules.
If a hearing is needed, the parties provide evidence by testifying and presenting documents and witnesses before a judge in a traditional courtroom. The judge decides the issues by assessing the evidence to determine what facts have been proven and applying the law to those facts. For more information and tips on preparing for a hearing (also called a trial) see:
What can I expect at a family court trial or hearing?
How to prepare for a family court trial
Guide to preparing for a family court trial in Provincial Court
How to prepare financial documents for Family Court
Find links to more information, help with court procedures, and ways to get legal advice at Resources for Family Court.
If you do not have a lawyer, you may find it helpful to bring a trusted friend or family member with you to provide emotional support, take notes, and organize documents during a family court hearing or trial. The Provincial Court has adopted Support Person Guidelines that explain when you are permitted to have a support person help you, and what they can do. For more information on Support Persons see this eNews article and poster.
Without Notice applications
Fairness requires that both parties have a chance to be heard, so it is unusual for a judge to grant an order without having heard both sides. Usually, someone seeking a court order must deliver a copy of their application and other documents to the other party before any court appearance is set.
Applications should only be made without giving the other party the required notice if there are special circumstances like an emergency where the interests of justice or the protection of the person asking for the order (or a child) clearly demand an immediate court order. To proceed without notice, you will have to satisfy the judge that there is a real risk of some danger if notice were required before your application is heard.
Find more information and a flowchart on Urgent Without Notice applications.
Parenting After Separation and Family Justice Counsellor
Under the Provincial Court (Family) Rules, in some locations people must attend a Parenting After Separation information session and/or meet with a Family Justice Counsellor who will assist them in resolving all or part of their dispute before they can appear in court. Attending a Parenting After Separation programme in your community or using the online programme offered in English, Punjabi and Mandarin is recommended, even if it is not compulsory in your area, because the course offers valuable information on helping children adjust to their parents’ separation.
This website provides general information only and should not be used as a substitute for legal advice.