Family Case Conference in British Columbia: What to Expect

If you have been told you have a family case conference, you are probably wondering whether it is a trial, who will be in the room and what you need to bring. It is not a trial. In the Supreme Court, it is a meeting where the court may identify the issues in dispute and help work out what can be settled.

People often say "family case conference", but British Columbia's two courts use different names for it. Knowing which court you are in tells you which rules apply and what to prepare.

This article covers the law of British Columbia.

Which conference do you actually have?

The Supreme Court Family Rules call the meeting a Judicial Case Conference, often shortened to JCC. The Provincial Court Family Rules call the first appearance a Family Management Conference, which is your first court date. Both serve a similar purpose, but the steps around them differ.

What the conference is for

In the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or a supporting affidavit. A conference can be requested at any time. The notice, in Form F19, must be served at least 30 days before the conference, and your original Form F8 financial statement must be filed at least 7 days before.

At a Supreme Court judicial case conference the court may do any of the following:

• Identify the issues in dispute.
• Make consent orders if you and the other side agree.
• Mediate disputed issues.
• Direct a party to the Parenting after Separation program.
• Set timelines for documents and discovery.
• Reserve a trial date and set a trial management conference.
• Give a non-binding opinion on the probable outcome, without hearing witnesses.

Who attends and what the judge does

Who is expected to attend depends on your court and your situation, so check the notice you receive and confirm the details with a lawyer. In the Supreme Court, the opinion a judge may give at a judicial case conference is non-binding and is given without hearing witnesses. Its value is that it can give you a realistic picture of how a court might see the case, which can make settling easier.

If children are involved, expect the discussion to stay on them. When agreements or orders deal with guardianship, parenting arrangements or contact, the parties and the court must consider only the child's interests, including health and emotional well-being, views, relationships, history of care, need for stability and the effect of family violence.

How to prepare

Preparation is mostly paperwork and clear thinking about what you want. Financial disclosure is the part people most often leave late.

• Supreme Court financial statement: Form F8 Part 1 plus income documents such as tax returns and notices of assessment for the 3 most recent years are required when child support income information is required, but if you and the other party agree on the payor's annual income, you can sign a Form F9 agreement and file it with the referenced documents to comply with that rule.
• Spousal support needs Form F8 Parts 1, 2 and 3 plus income documents, and a property division claim under Part 5 of the Family Law Act needs Part 3 from each party.
• Financial disclosure documents must be filed and served within 30 days after service of the claim, or within 60 days if the party lives outside Canada and the U.S..
• If your Form F8 was served more than 91 days before a trial or hearing, you must serve an updated one at least 28 and not more than 63 days before.
• In the Provincial Court, a financial statement is filed in Form 4 for spousal support and for child support where income information is required.
• Provincial Court parenting course: complete Parenting After Separation before your first court date unless you have an official exemption.

Also write down the issues in plain points: parenting, child support, spousal support, property and debt. Note what you could agree on and what you cannot. At a Supreme Court judicial case conference the court may identify issues and set timelines, so a short, organized list helps.

What to do next

• Confirm which court your case is in and what your notice calls the conference.
• Check your deadlines. A Supreme Court response is due within 30 days after you are served, and a Provincial Court reply is also due within 30 days.
• Do not ignore a deadline. If you file no response in the Supreme Court, you are not entitled to notice of later appearances, hearings, conferences or trial.
• Gather your income documents and complete your financial statement.
• Register for Parenting After Separation if it applies.
• Consider contacting a Family Justice Centre for information and referrals, or a lawyer for advice about your situation.

Court rules are amended from time to time, so check the current version or ask a lawyer to confirm the steps for your registry.

Frequently asked questions