How to Appeal a Family Court Order in BC: Deadlines and Routes

You have a family court order and you think it is wrong, or you simply cannot live with it. Before anything else, two questions matter: which court made the order, and what kind of order it is. Those answers decide where an appeal goes and how little time you may have.

Deadlines in family matters are short, and the wrong route can cost you the chance to be heard. This article explains the main paths in British Columbia in plain language. It is general information, and a lawyer can confirm what applies to your order.

This article covers the law of British Columbia.

Start with which court made the order

In British Columbia, family law matters under the Family Law Act can be heard in the Supreme Court or, to the extent it has jurisdiction, the Provincial Court. The court that made your order decides where an appeal goes.

Appealing a Provincial Court order

An appeal from a Provincial Court order under the Family Law Act goes to the Supreme Court. The time limit is 40 days, counted from the day after the order is made, not 30. People often assume 30 days because that figure applies elsewhere, so check the date carefully.

If you miss the deadline, the Supreme Court can extend the time. That is not automatic, so do not plan around it.

Interim orders are treated differently. Interim orders of the Provincial Court cannot be appealed to the Supreme Court under s.233(1), and an application to vary is the route instead.

Appealing a Supreme Court judgment

An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia. The notice of appeal, in Form 1, is due within 30 days after the order is pronounced, unless another enactment sets a different period.

Because that period can be different in some situations, it is worth confirming the deadline for your particular order as soon as you receive it.

Does an appeal pause the order?

For an appeal from a Provincial Court order under the Family Law Act to the Supreme Court, an appealed order generally stays in effect. That means you may still need to follow its terms, such as a parenting schedule or support payments, while the appeal is pending. For an appeal from a Supreme Court judgment, how this applies depends on your situation, so it is worth confirming with a lawyer. If you are worried about this, ask a lawyer whether anything can be done in your case.

Appeal or change the order? Know the difference

An appeal asks a higher court to review the order that was made. Asking to change an order is different: it is based on what has happened since. A court may change, suspend or terminate a parenting order if there has been a change in the needs or circumstances of the child since the order was made, including because of a change in another person's circumstances.

• Child support: a court may change, suspend or end an order, prospectively or retroactively, if a change in circumstances as provided for in the child support guidelines has occurred.
• Spousal support: this requires a change in the condition, means, needs or other circumstances of either spouse.
• Provincial Court applications can seek to change or cancel all or part of an existing final order, and a copy of that order or written agreement must be filed.

If the problem is that the judge got it wrong, an appeal may be the route. If life has changed since the order, a change application may fit better. Some situations involve both, so get advice early.

What to do next

• Find the date the order was made and mark the deadline on a calendar right away.
• Confirm which court made the order and whether it is final or interim.
• Keep following the order unless a court says otherwise.
• Gather the order, any written reasons and related documents.
• Decide whether you are challenging the decision or asking for a change because circumstances have changed.
• Speak with a lawyer promptly to confirm your deadline and options.

Frequently asked questions