Getting ready for family court
The Court helps settle disputes, including financial support and parenting issues when families separate, and it hears child protection<p><span lang="EN-US">The area of law dealing with the safety and well-being of children and governed by BC’s </span><span lang="EN-US">Child, Family and Community Service Act </span><span lang="EN-US">or Indigenous child protection laws</span><span lang="EN-US">.</span><span> </span></p> cases.
Should you be in Provincial Court?
Under the Child, Family and Community Service Act all child protection matters are dealt with in the Provincial Court. The exception is that protective intervention orders and restraining orders can also be obtained in the BC Supreme Court.
Under the Family Law Act<p>The main provincial law that deals with family law issues in BC.</p> the Provincial Court and the BC Supreme Court can make orders about guardianship<p><span lang="EN-US">Legal responsibility for a child’s care and upbringing. </span><span> </span></p>, parenting arrangements<p><span lang="EN-US">The arrangements about how guardians will parent their child together. Parenting arrangements include how parental responsibilities and parenting time are shared.</span></p>, child support<p><span lang="EN-US">The money one parent pays to another parent to help support the children if the parents do not live together. </span><span> </span></p>, spousal support<p><span lang="EN-US">Financial support paid to a former spouse under an agreement or court order. It used to be called maintenance and is sometimes called “alimony” outside BC.</span><span> </span></p> and ownership of a companion animal<p><span lang="EN-US">An animal that is kept primarily for companionship. It is usually a family pet. Although the BC Provincial Court cannot make orders about other types of family property, it can deal with possession and ownership of companion animals. </span><span> </span></p>.
The BC Supreme Court has exclusive jurisdiction to make orders about divorce and division of a family’s property and debt. Also, once the Supreme Court has made an order about a particular issue, applications to change the order must be taken there.
Methods of appearance in family cases
Family cases involve different stages and types of court appearances. You are required to attend some court appearances in person. For others, you attend remotely by telephone or video conference, or there may be a choice as to whether to attend in person or remotely.
The Court's FAM 11 and FAM 12 practice directions describe the default methods for court appearances (in person, videoconference, audioconference, or hybrid) under the Provincial Court Family Rules and the Provincial Court (Child, Family and Community Service Act) Rules.
Terms used in family cases
You may hear unfamiliar legal words and acronyms in family court<p><span lang="EN-US">The division of the BC Provincial Court that grants court orders for guardianship, parenting arrangements, contact, child support, spousal support and protection under the </span><span lang="EN-US">Family Law Act</span><span lang="EN-US">. Child protection cases are also dealt with in family court.</span><span> </span></p> documents and proceedings. Many of these are explained on the "Glossary and court jargon" page. This page also contains links to other helpful glossaries and guides.
Resources to help you with family disputes
The Family Justice Services Division (FJSD) of the BC Ministry of Attorney General provides services to help separating and divorcing families resolve their disputes at Family Justice Centres<p>Family Justice Centres operate across the province. They are staffed by family justice counsellors who provide free assistance with issues related to separation or divorce. </p> (FJCs) and Justice Access Centres (JACs) around the province. They can provide information about family law issues, offer free online Parenting After Separation courses, provide mediation services, assist with child and spousal support matters and help to prepare Provincial Court documents.
The Child and Youth Legal Centre provides legal representation, free to those who qualify, for young people who are experiencing problems related to family law, child protection, human rights and many other legal issues.
Steps required before filing some Family Law Act applications
Depending on the courthouse where your family case is being dealt with, there are different requirements that must be completed before you can move forward with some court applications about family law issues. The information below provides key requirements at different courthouses.
In cases where children are involved, the person starting the process must file their application in the court registry that is closest to where the children live most of the time. If there are no children involved, the person starting the process files their application in the court registry closest to where they live.
Surrey and Victoria are early resolution registries. In Early Resolution Registries you must complete the following requirements before you can file an application about a family law matter<p><span lang="EN-US">Family law matters are: parenting arrangements (parenting time and parental responsibilities); child support; contact with a child; guardianship of a child; spousal support; and, possession and ownership of a companion animal.</span><span> </span></p>:
- File a Notice to Resolve a Family Law Matter Form 1
- Provide a copy of the Notice to Resolve to each other party
- Participate in a needs assessment under rule 16
- Parenting After Separation online course, if applicable
- Consensual dispute resolution<p><span lang="EN-US">A process where someone helps people reach agreement (also called “CDR”). It includes mediation, facilitated negotiation, or the collaborative law process. Separated parents, for example, can use CDR to reach their own agreement instead of having a judge decide for them.</span><span> </span></p> session, if appropriate
Kelowna, Nanaimo and Vancouver are family justice registries. In family justice registries you must complete a needs assessment with a family justice counsellor<p><span lang="EN-US">A government employee who works out of a Family Justice Centre or Justice Access Centre in BC. Family justice counsellors are accredited family mediators. They are trained to help families with matters like parenting arrangements and support issues.</span><span> </span></p> and a Parenting After Separation course before your first court date (a Family Management Conference) will be scheduled.
All registries except Kelowna, Nanaimo, Surrey, Vancouver or Victoria are parenting education program registries. In Parenting Education Program Registries, depending on your type of case, you must complete a Parenting After Separation course before your first court date (a Family Management Conference) will be scheduled.
These requirements do not apply to applications for orders such as protection orders, priority parenting matters<p><span lang="EN-US">Removal or relocation of a child and certain actions by guardians that require a court order urgently. See the definition in section 2 of the </span><span lang="EN-US">Provincial Court Family Rules. The Rules</span><span lang="EN-US"> shorten time limits for these matters to permit quick hearings. </span><span lang="EN-US"> </span><span> </span></p>, relocation, enforcement, case management and consent orders.