Divorce With Children in British Columbia: What the Court Needs

If you have children, a divorce involves more than ending the marriage. The court wants to know the children are looked after before it grants the order.

This article explains what the court requires about children in British Columbia, which forms are involved, and how agreement or disagreement with your spouse changes your path.

This article covers the law of British Columbia.

What the court must be satisfied about

The court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support, before it grants the divorce. This applies even if you and your spouse agree on everything else.

In plain terms, the court wants to see that the children's day-to-day care and financial support have been thought through. What counts as reasonable depends on your family, so the details of parenting arrangements are worth discussing with a lawyer or a family justice worker.

Forms that deal with children

Divorces are started by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. When you later ask for a desk order divorce, extra forms apply where children are involved.

• Form F38, Affidavit – Desk Order Divorce.
• Form F37, Child Support Affidavit, if there is a child of the marriage or a child support claim.
• A Form F102 statement, if corollary relief under the Divorce Act is sought.
• Form F35, the requisition for an undefended family law case, filed with a draft order, proof the case is undefended, the registrar's certificate in Form F36 and the filing fee.

An amended Form F38 took effect on January 19, 2026. Check that you are using the current version before filing.

If you agree, and if you do not

With a desk (consent) order, you complete forms stating what you and your spouse agreed, and the judge reviews them to make sure the decisions align with the law and signs the order if satisfied.

The Online Divorce Assistant is for joint divorces where both spouses agree on all family law issues and only need a divorce order. It does not fit couples who disagree on issues such as parenting or support, or where a spouse will not apply jointly. Those cases need the court's other forms or a sole filing.

A divorce applied for by one spouse can still proceed as uncontested if the other spouse does not respond after being served. A joint application removes the need to serve the other spouse.

Timing and when the divorce takes effect

Under Practice Direction FPD-17, the Form F38 affidavit must be sworn within 30 days of filing the application unless the court allows an earlier affidavit. The registrar will not sign Form F36 until irregularities are fixed.

A divorce takes effect on the thirty-first day after the day on which the judgment granting it is rendered. The court may order it to take effect earlier than 31 days if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned. Because the registrar will not sign Form F36 until irregularities are fixed, it pays to check your paperwork carefully before you file.

What to do next

• Write down where the children will live and how decisions and time will be shared.
• Gather income information so child support can be addressed.
• Decide with your spouse whether you can apply jointly.
• Confirm you are using the current version of Form F38.
• Take the free Parenting After Separation course, and ask Family Justice Centres, Justice Access Centres or Legal Aid BC about help.

If you disagree about the children, speak with a lawyer before you file.

Frequently asked questions