How do I get an interim order for parenting or support in BC family court?
This answer covers the law of British Columbia.
To get a temporary order before trial, you generally apply to the court, and the steps differ between the Supreme Court and the Provincial Court. In the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. The filing fee for a notice of application is $80.
Your evidence depends on what you ask for. Parenting and contact decisions must consider only the best interests of the child, including the effect of family violence. For child support, Form F8 Part 1 plus income documents are required where income information is required, including tax returns and notices of assessment for the 3 most recent years. When spousal support is sought, Form F8 Parts 1, 2 and 3 are required.
In the Provincial Court, you must file a Form 4 financial statement for spousal support, and for child support where income information is required. Interim orders of the Provincial Court cannot be appealed to the Supreme Court; an application to vary is the route instead. The test for a temporary order and what happens at the hearing depend on your facts, so confirm them with a lawyer.
Key takeaways
- In the Supreme Court, a party must not serve a notice of application or supporting affidavit unless a judicial case conference has been held.
- Parenting and contact decisions must consider only the best interests of the child.
- Support applications need financial disclosure, such as Form F8 and income documents in the Supreme Court or a Form 4 financial statement in the Provincial Court.
- Interim orders of the Provincial Court cannot be appealed to the Supreme Court, so an application to vary is the route instead.