How Long Does a Family Court Case Take in British Columbia?

People often ask how long family court will take. The honest answer is that it depends on the court, the issues, how much the two sides agree on, and how busy the court is. Current wait times and typical durations vary, so a lawyer can give you a sense of what is realistic where you live.

What this article can do is walk you through the stages and the fixed deadlines in the rules, so you know which parts you control and which you do not.

This article covers the law of British Columbia.

Stage one: starting the case

In the Supreme Court, a case starts by filing a notice of family claim in Form F3 and serving each named respondent. The original notice does not stay in force for more than 12 months unless renewed. The notice must be served by personal service unless the court orders otherwise.

In the Provincial Court, outside early resolution registries, you file and serve an Application about a Family Law Matter in Form 3. In an early resolution registry, you first file a Notice to Resolve a Family Law Matter in Form 1, and the application follows once the early resolution requirements are met.

Stage two: responses and disclosure

A Supreme Court respondent must file a response to family claim and serve it within 30 days after being served. A counterclaim is filed within 30 days after service of the notice of family claim. Financial disclosure documents must generally be filed and served within 30 days after service of the claim, or 60 days if the party lives outside Canada and the U.S..

In the Provincial Court, a respondent must file a reply within 30 days after being served. Someone who files no response or reply is not entitled to notice of later steps, which carries serious risk. Because the case can move forward without you, it is worth getting advice before deciding not to respond.

Stage three: conferences and preparation

In the Supreme Court, a judicial case conference generally has to be held before a party can serve a notice of application or supporting affidavit. The conference notice must be served at least 30 days before the conference, and the original Form F8 filed at least 7 days before.

At the conference, the court may make consent orders, mediate issues, set timelines for documents and discovery, reserve a trial date and set a trial management conference.

In the Provincial Court, you must complete the Parenting After Separation course before the first court date, the family management conference, if your application is about parenting arrangements, child support, spousal support, companion animal property or protection orders, unless you have an official exemption. The course is not mandatory in the Supreme Court, although a judge may suggest it. The course is free and online.

What speeds a case up or slows it down

Trials add cost as well as time. In the Supreme Court, the first 3 trial days carry no fee, the 4th to 10th days are $500 per day, and each day over 10 is $800 per day.

Other time limits, and what to do next

An appeal from a Provincial Court Family Law Act order goes to the Supreme Court, with a 40-day limit counted from the day after the order is made. Interim orders of the Provincial Court cannot be appealed to the Supreme Court this way; an application to vary is the route instead. An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia, with the notice of appeal due within 30 days after the order is pronounced, unless another enactment sets a different period.

A Family Law Act proceeding may be started at any time, but spouses have a two-year limit to seek property or debt division, pension division or spousal support. The limit is measured from the divorce judgment, the nullity order or the separation, depending on the relationship.

• Write down every deadline from the date you are served or file.
• Complete the Parenting After Separation course early if it applies to you.
• Prepare your financial documents before they are demanded.
• Consider mediation through a Family Justice Centre.
• Ask a lawyer about realistic timing in your registry.

Frequently asked questions