How to Get an Interim Order in British Columbia Family Court

When you separate, you often cannot wait months for a trial to sort out where the children will live, who pays support, or what happens with the family home. An interim order is a temporary order that governs things until the matter is settled or decided at trial.

This article explains in general terms which court hears these requests, the steps to apply, and what a judge is likely to focus on. Every case turns on its own facts, so treat this as a starting map, not a substitute for advice.

This article covers the law of British Columbia.

Which court can make a temporary order

Family Law Act matters can be heard in the Supreme Court or, to the extent it has jurisdiction, the Provincial Court. The Supreme Court has jurisdiction in all matters under the Act, subject to the federal Divorce Act.

The Provincial Court is more limited. It cannot make orders under Part 5 (Property Division) of the Family Law Act, except about a companion animal, so property and debt division between spouses goes to the Supreme Court. It does keep its power to restrict access to a residence to protect a family member's safety.

Applying in the Supreme Court

A Supreme Court family case starts with a notice of family claim in Form F3. Unless a judicial case conference has been held, a party must not serve a notice of application or a supporting affidavit. So the judicial case conference has to be held before you can serve a notice of application for an interim order.

At that conference the court may identify the issues, make consent orders, mediate disputed issues and set timelines for documents. If you and the other side can agree on temporary arrangements, a consent order may be possible there.

The filing fee for a notice of application is $80. If support is involved, expect financial disclosure obligations as well, covered in a separate article on financial statements.

How you serve documents matters too. A notice of family claim must be served by personal service unless the court orders otherwise. Other documents may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service.

Applying in the Provincial Court

Outside early resolution registries, a party starts by filing and serving an Application about a Family Law Matter in Form 3. In an early resolution registry, you must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party, and the application follows only after the early resolution requirements are met.

Before your first court date, the family management conference, you must complete the Parenting After Separation course unless you have an official exemption. This applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders.

A Form 4 financial statement is required if you ask for spousal support, or for child support where income information is required. The other side must file a reply within 30 days after being served.

What a judge looks for

For parenting arrangements, guardianship and contact, the parties and the court must consider only the best interests of the child. That includes the child's health and emotional well-being, the child's views, relationships, history of care, need for stability, and the effect of family violence.

For support, financial information matters. In the Supreme Court, Form F8 Part 1 and income documents are required when child support income information is required. The detailed tests for temporary orders depend on the facts and the type of order, so a lawyer can tell you how they apply to your situation.

Be aware that Provincial Court interim orders cannot be appealed to the Supreme Court under section 233(1); an application to vary is the route instead.

What to do next

• Decide which court you are in and whether your request includes property, which only the Supreme Court can decide.
• Complete the Parenting After Separation course early if you are in the Provincial Court, since it is free and online.
• Gather income records and expense details so your financial statement is accurate.
• Write down the specific temporary arrangements you want, and why they suit the children's needs.
• Speak with a Family Justice Counsellor, who offers free legal information, referrals and mediation.
• Consider a lawyer's advice before serving documents, especially if safety or property is involved.

Frequently asked questions