What Is a Family Justice Counsellor in BC and What Do They Do?

If you have been told to contact a Family Justice Centre, you may be wondering who you will be talking to and what they can do for you. A family justice counsellor is a government-appointed person who helps separating families sort out disputes, usually without a courtroom fight.

This article explains what the role involves, what it costs, how it connects to the Provincial Court process, and how you can prepare for a first meeting.

This article covers the law of British Columbia.

What a family justice counsellor does

The minister can appoint family justice counsellors under the Family Law Act. They can give information, help with dispute resolution about guardianship, parenting, contact and support, and make referrals.

In practice, the government describes their work in several parts:

• Helping people reach agreements on guardianship, parenting arrangements, contact, and child and spousal support.
• Helping people obtain or change a Provincial Court order, and explaining the child support guidelines and the court process.
• Working as accredited mediators.
• Offering short-term emotional support, referrals, and information on Parenting After Separation courses.

What they cannot do

A family justice counsellor does not provide legal advice. They can explain how the process works and what your options are, but they cannot tell you what a lawyer would tell you about your own rights or how to handle your particular case. If you need that kind of advice, a family lawyer is the right person to ask.

Is the service free?

Yes. Family justice counsellor services carry no charge, and you do not have to start the court process to use them. The government also describes the early resolution services in Provincial Court as free.

That does not necessarily cover everything around your dispute. Lawyers, private mediators and other professionals you choose to hire are separate, and their costs are something to ask about directly.

How this fits with Early Resolution

Whether you meet a family justice counsellor through the Early Resolution Process depends on where you file and the type of matter. It applies in Early Resolution Registries, and it does not apply to child protection matters or other matters under the Child, Family and Community Service Act or the Adoption Act. Before filing an Application About a Family Law Matter in an Early Resolution Registry, a person must complete an individual needs assessment meeting with a Family Justice Counsellor and the Parenting After Separation online course if it applies. They must also complete a consensual dispute resolution session if appropriate. The first court appearance is then a Family Management Conference.

Under the Provincial Court Family Rules, each party takes part in the needs assessment individually. The needs assessor considers whether consensual dispute resolution is appropriate and whether there is any risk of family violence. A needs assessor can also exempt a party from the parenting education program in listed situations, such as having completed it in the past two years or all children being 19 or older.

All Provincial Court registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions are Early Resolution Registries, and other locations may be designated later. Because it varies by courthouse, check the current registry list on the BC government website.

What to expect at a first meeting and how to prepare

Family Justice Centres offer individual needs assessment meetings that give you information about family law, your options and referrals to community services. Beyond that, the exact format of a first meeting can differ, so ask the centre what to expect when you book.

• Write a short timeline of the separation and any current arrangements for the children.
• List the issues you want help with, such as parenting time, child support or spousal support.
• Bring any existing court orders or written agreements.
• Note any safety concerns so you can raise them early.
• Prepare questions about the process, and note down which ones are legal questions to take to a lawyer.

If family violence is a concern, say so. The Family Law Act defines family violence to include psychological or emotional abuse such as intimidation, harassment, coercion or threats, and for a child it includes direct or indirect exposure to family violence.

What to do next

Contact your local Family Justice Centre and ask about booking a needs assessment, and whether any course or other step applies to you. If you are unsure whether an agreement you reach is a good one, or what you are giving up, speak to a family lawyer before signing. Mediation by a family justice counsellor is one route, but a lawyer can confirm which route suits your situation.

Frequently asked questions