Family Justice Centres in British Columbia: What Help Is There

Separation raises questions about children, support, property and money, often at a time when you are stretched thin. Many people want help that does not start with a court case.

Family Justice Centres are a government service in British Columbia aimed at exactly that. This article explains what they offer, who they suit and where they fit alongside court and lawyers.

This article covers the law of British Columbia.

What a Family Justice Centre offers

The services are free. They include the following:

• Mediation with a Family Justice Counsellor.
• Facilitated child support negotiation.
• Legal information and referrals.
• Referral to the BC Family Maintenance Agency.
• The Parenting After Separation program.

Virtual services are available at 1-844-747-3963. Because a centre's location or hours can change, calling or checking the government website is the safest way to find the right option for you.

Mediation and negotiation

Mediation means a neutral person helps you and the other person talk through the issues and look for agreement. The mediator does not decide for you. A Family Justice Counsellor can mediate, and facilitated child support negotiation is a related service focused on support.

If you are using Justice Access Centres, mediation with a Family Justice Counsellor is available if you are eligible. If an issue is not one a counsellor is trained to mediate, you may be referred to a private mediator.

Mediation can also matter if you end up in the Supreme Court. A person filing a notice of family claim or response to family claim need not pay the filing fee if they provide a Form F100 certificate of mediation from a qualified mediator and have mediated with the other side, or the mediator found mediation inappropriate.

Information, referrals and income questions

Legal information explains how the system works, what forms exist and what your options are. It is different from a lawyer advising you on your own case and speaking for you. Referrals point you to the next service, such as the BC Family Maintenance Agency.

Staff may ask about your income because some referrals depend on financial need. That is a normal part of working out which services you can use, not a test of your case.

Parenting After Separation (PAS)

The PAS program is free and online. Options are Parenting After Separation (English, French, Punjabi) and Parenting After Separation for Indigenous Families, and a Certificate of Completion is given to the Provincial Court. A Family Justice Counsellor can explain exemptions and how to register.

In the Provincial Court, PAS generally has to be completed before your first court date (the family management conference) unless you have an official exemption. It applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders. The Provincial Court Family Rules set the requirement through parenting education rules that differ by registry type, one for early resolution registries and one for parenting education program registries, so confirm which applies to your registry. PAS is not mandatory in the Supreme Court, although a judge may suggest it.

In the Provincial Court, you may be exempt in these situations:

• You finished PAS within the last two years.
• The matter is only companion animal property, or only spousal support with no children.
• Every child is 19 or older.
• You cannot access the course online or in your language.
• Literacy or a serious medical condition prevents it.
• All parties file a consent order.

When you may still need the court

Agreement is not always possible, and some situations call for a court order, such as safety concerns or a dispute that will not settle. Which court matters. The Provincial Court cannot make orders about property division under Part 5 of the Family Law Act, except for a companion animal, so property and debt division between spouses goes to the Supreme Court. The Provincial Court does keep its power to restrict access to a residence to protect a family member's safety.

Time limits can also apply. Spouses have a two-year limit to seek property or debt division, pension division or spousal support, measured from divorce judgment, nullity order or separation depending on the relationship. How mediation fits with that time limit depends on your situation, so it is worth confirming your dates with a lawyer.

What to do next

• Write down your main issues: parenting, child support, spousal support, property and debt.
• Gather income documents and any existing order or written agreement.
• Contact the virtual service at 1-844-747-3963 or a local centre to ask what is available.
• Ask whether mediation suits your situation, especially if safety is a concern.
• If you reach an agreement, consider having a lawyer review it before you sign.
• Note any deadlines, including the two-year limit for spouses.

Frequently asked questions