- The steps required before a family case depend on the court and, in the Provincial Court, on the type of registry.
- Parenting After Separation is free and online, and is generally required in the Provincial Court before the first court date unless you have an exemption.
- Free mediation with a Family Justice Counsellor may be available through Family Justice Centres and Justice Access Centres.
If you are separating, you may have heard that you must try mediation before you can go to court. The real answer in British Columbia is more detailed than yes or no, and it differs between the Provincial Court and the Supreme Court.
This article sets out the requirements that apply in general, the exceptions, and the free help that exists. Registry practices and rules change, so confirm your own requirements with the court registry or a lawyer.
This article covers the law of British Columbia.
Two courts, two sets of starting steps
Family cases under the Family Law Act can be heard in the Supreme Court or, within its jurisdiction, the Provincial Court. Each has its own rules and starting documents.
| Provincial Court | Supreme Court | |
|---|---|---|
| Starting document | Application about a Family Law Matter in Form 3 | Notice of family claim in Form F3 |
| Before filing | In an early resolution registry, a Notice to Resolve in Form 1 must be filed first and copied to each other party | Mediation is not listed as a step before filing, though a fee exemption exists for mediated cases |
| Parenting course | Required unless exempt | Not mandatory; a judge may suggest it |
Provincial Court requirements
In an early resolution registry, a party must file a Notice to Resolve a Family Law Matter before filing an application, and the application follows only after the early resolution requirements are met. The rules also require each party to complete a parenting education program, in early resolution registries and in parenting education program registries before the family management conference, with exemptions including completion within the prior two years.
In practice, you must complete the Parenting After Separation course before your first court date unless you have an official exemption. This applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders.
- You finished the course 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
The course is free and online, with options in English, French and Punjabi and a version for Indigenous families, and you give a Certificate of Completion to the Provincial Court.
Supreme Court: conferences and mediation incentives
In the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. At that conference, the court may identify issues, make consent orders, mediate disputed issues, and direct a party to the Parenting after Separation program.
There is also a financial reason to mediate. 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, showing they mediated with the other side or that the mediator found mediation inappropriate. The notice of family claim fee would otherwise be $200.
Free mediation help
Family Justice Centre services are free and include mediation with a Family Justice Counsellor, facilitated child support negotiation, legal information and referrals, and Parenting After Separation. Staff may ask about income because some referrals depend on financial need, and virtual services are available at 1-844-747-3963.
Justice Access Centres also offer mediation with a Family Justice Counsellor if you are eligible, in person or virtually. If an issue is not one a counsellor is trained to mediate, you may be referred to a private mediator.
What to do next
- Find out whether your court registry is an early resolution registry or a parenting education program registry
- Register for Parenting After Separation if it applies, and keep the certificate
- Contact a Family Justice Centre about mediation and exemptions
- Collect your income and financial documents early
- Ask a lawyer whether mediation suits your situation, especially if safety is a concern
Mediation is not suitable for every relationship. If you have safety concerns, say so when you contact any service.
Frequently asked questions
Is mediation mandatory in British Columbia?
How this applies depends on the court and registry, so it is worth confirming with the registry or a lawyer. In a Provincial Court early resolution registry, you must file a Notice to Resolve a Family Law Matter before filing an application, and the application follows only after the early resolution requirements are met. 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 certificate of mediation from a qualified mediator. Mediation with a Family Justice Counsellor is available free of charge.
Do I have to take Parenting After Separation?
In the Provincial Court, generally yes before your first court date, unless you have an official exemption. It is not mandatory in the Supreme Court, though a judge may suggest it.
Does mediation cost anything?
Mediation with a Family Justice Counsellor through a Family Justice Centre is free. If an issue cannot be mediated by a counsellor, you may be referred to a private mediator.
Can I skip the course if my spouse and I agree?
In the Provincial Court, you may be exempt if all parties file a consent order. Confirm with a Family Justice Counsellor before relying on that.
Sources
- Family Law Act, SBC 2011 c.25, s.1 (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, B.C. Reg. 120/2020 — bclaws.gov.bc.ca
- gov.bc.ca – Do I have to take PAS? — www2.gov.bc.ca
- gov.bc.ca – Family Justice Centre services — www2.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 – Mediation at Justice Access Centres — 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
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.