- Starting a case in one BC court does not by itself stop a second proceeding in the other court, unless the same relief has already been granted or refused.
- The Supreme Court can decide all Family Law Act matters, but the Provincial Court cannot divide property or debt, except a companion animal.
- Each court gives a respondent 30 days to reply or respond after being served.
You may already have a family case in one court and now find you need an order that court cannot make. A common example is parenting or support being handled in one court while property needs to be divided. It is natural to wonder whether you can have a case in both courts at once.
In British Columbia, the answer is often yes, but it depends on what each court can decide and on what has already been ordered. This article explains the basics, the time limits to watch, and how a case starts in each court.
This article covers the law of British Columbia.
Can you file in both courts?
Starting a proceeding in one court does not by itself bar a second proceeding in the other court. The exception is where the same relief has already been granted or refused.
In practice, this means the question is less about whether two files can exist and more about whether each court has the power to make the order you are asking for. Asking two courts to decide the very same issue is the problem to avoid. A lawyer can help you sort out which issues belong where.
What each court can decide
Under the Family Law Act, the court is the Supreme Court or, to the extent it has jurisdiction to make an order, the Provincial Court. The Supreme Court has jurisdiction in all matters under the Act, subject to the federal Divorce Act. The Provincial Court has general jurisdiction under the Act, also subject to the Divorce Act and to a list of exclusions.
The Provincial Court cannot make orders under Part 5 (Property Division), except respecting a companion animal. Parts 3, 6 and 8 are also excluded from its authority. Property and debt division between spouses therefore goes to the Supreme Court.
There is one exception to the exclusions. The Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety.
| Issue | Supreme Court | Provincial Court |
|---|---|---|
| Property and debt division between spouses | Yes | No, except a companion animal |
| Restricting access to a residence for safety (Part 9) | Yes | Yes |
| Matters under Parts 3, 6 and 8 | Yes | No |
Why spouses often end up in both
Because property division must go to the Supreme Court, spouses can have parenting or support handled in the Provincial Court and still need the Supreme Court for property. Whether that makes sense for you depends on your whole situation, including any divorce, which is governed by federal law.
Whichever court you use, decisions about guardianship, parenting arrangements or contact must consider only the best interests of the child. That includes the child's health and emotional well-being, views, relationships, history of care, need for stability, and the effect of family violence.
Watch the two-year limit
A Family Law Act proceeding may be started at any time. However, spouses have a two-year limit to seek property or debt division, pension division or spousal support. It is measured from the divorce judgment, nullity order or separation, depending on the relationship.
If you are busy with a Provincial Court case about children, it is easy to let this clock run. Work out your date early, and get legal advice if you are unsure how it applies to you.
How a case starts in each court
| Step | Provincial Court | Supreme Court |
|---|---|---|
| Starting document | Application about a Family Law Matter, Form 3 | Notice of family claim, Form F3 |
| Early resolution registries | File a Notice to Resolve a Family Law Matter, Form 1, first; the application follows once those requirements are met | Not applicable |
| Filing fee | Not confirmed here; ask the registry | $200 for a notice of family claim |
| Fee waiver | Not confirmed here | No filing fee with a Form F100 mediation certificate, if you mediated with the other side or the mediator found mediation inappropriate |
| Reply deadline | 30 days after being served | 30 days after being served, using Form F4 |
In the Supreme Court, the notice of family claim must be served by personal service unless the court orders otherwise. In the Provincial Court, the applicant must ensure personal service by an adult who is not a party.
If the other side does not respond within the time allowed, they are not entitled to notice of later steps. This is true in the Provincial Court and in the Supreme Court.
What to do next
- List every order you need: parenting, support, property, debt, safety.
- Check which court can make each one.
- Note your two-year date for property, pension or spousal support claims.
- Gather any existing orders or agreements, since a copy must be filed if you ask to change one in the Provincial Court.
- Check whether your Provincial Court registry is an early resolution registry.
- Speak with a lawyer or a Family Justice Counsellor before filing in a second court.
Family Justice Centre services are free and include mediation with a Family Justice Counsellor, legal information and referrals.
Frequently asked questions
Can I file in both courts at the same time?
Starting a proceeding in one court does not by itself bar a second proceeding in the other court. The exception is where the same relief has already been granted or refused. Each court can only decide what the law gives it power to decide.
Which court divides property in British Columbia?
The Supreme Court. The Provincial Court cannot make Part 5 property division orders, except respecting a companion animal.
Can the Provincial Court help if I am unsafe at home?
Yes. Despite its other limits, the Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety.
How long do I have to reply once I am served?
In the Provincial Court you must file a reply within 30 days after being served. In the Supreme Court you must file and serve a response to family claim within 30 days after being served. Missing the deadline means you are not entitled to notice of later steps.
Sources
- Family Law Act, SBC 2011 c.25, s.1 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, ss.192–193 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, s.37 (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, B.C. Reg. 120/2020 — bclaws.gov.bc.ca
- Supreme Court Family Rules, B.C. Reg. 169/2009, Rules 4-1, 4-2 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Appendix C (Schedule 1) — bclaws.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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