How do I appeal a family law decision in British Columbia?
This answer covers the law of British Columbia.
Where you appeal depends on which court made the decision, and the deadline is not the same for every appeal. An appeal from a Provincial Court Family Law Act order goes to the Supreme Court, and the time limit is 40 days counted from the day after the order is made. An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia, and the notice of appeal (Form 1) is due within 30 days after the order is pronounced, unless another enactment sets a different period.
So the 30-day figure many people hear applies to the Court of Appeal, not to appeals from the Provincial Court. The Supreme Court can extend the time for a Provincial Court appeal, and an appealed order generally stays in effect. Interim orders of the Provincial Court cannot be appealed to the Supreme Court; an application to vary is the route instead.
An appeal is different from an application to vary. A variation asks the court to change an order because circumstances have changed since it was made, such as a change in a child's needs for a parenting order. Deadlines are short, so it is worth getting advice from a lawyer early.
Key takeaways
- An appeal from a Provincial Court Family Law Act order goes to the Supreme Court, and the time limit is 40 days counted from the day after the order is made.
- An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia, with the notice of appeal due within 30 days after the order is pronounced.
- Interim orders of the Provincial Court cannot be appealed to the Supreme Court, so an application to vary is the route instead.
- A court may change a parenting order on application if the needs or circumstances of the child have changed since the order was made.