Do You Have to Take the Parenting After Separation Course in BC?

If you are heading to family court in British Columbia, you may have heard you need to take a course first. Whether that is true depends on which court you are in and what your case is about.

This article explains when the Parenting After Separation (PAS) course is required, the main exemptions, and how to register and show the court you finished it. Rules can differ by registry, so confirm your own situation.

This article covers the law of British Columbia.

When PAS is mandatory in Provincial Court

In the Provincial Court, you must complete the PAS course before your first court date, which is called the family management conference, unless you have an official exemption.

This applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders.

The Provincial Court Family Rules also require each party to complete a parenting education program. The rule number depends on the registry: rule 17 applies in early resolution registries, and rule 100 applies in parenting education program registries before the family management conference. Those rules also list exemptions, including having completed the program in the previous 2 years.

Timing matters here. Outside early resolution registries, a party starts a Provincial Court case by filing and serving an Application about a Family Law Matter in Form 3. A respondent must file a reply within 30 days after being served. Since the course has to be finished before your first court date, it makes sense to look into it early.

What about Supreme Court?

PAS is not mandatory in the Supreme Court, although a judge may suggest it. At a judicial case conference, the court may also direct a party to the Parenting after Separation program.

In the Supreme Court, a family case starts by filing 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 supporting affidavit. That conference is one of the places where PAS can come up.

Whether or not the course is required, decisions about children are guided by the child's interests. In agreements or orders about guardianship, parenting arrangements or contact, the parties and the court must consider only the best interests of the child.

Who can be exempt

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

• You finished PAS within the last two years.
• The matter is only about companion animal property, or only about 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 you from taking it.
• All parties file a consent order.

An exemption is something you generally need to have confirmed, not assume. A Family Justice Counsellor can explain exemptions and how to register.

Course options and proof of completion

The course is free and online. The options are Parenting After Separation, offered in English, French and Punjabi, and Parenting After Separation for Indigenous Families.

When you finish, you receive a Certificate of Completion, which is given to the Provincial Court. Keep a copy for your own records.

Justice Access Centres also offer services and referrals for family law problems, including mediation with a Family Justice Counsellor if you are eligible.

Registry differences and rule changes

Requirements vary by registry type, such as early resolution registries and parenting education program registries. In an early resolution registry, you must first file a Notice to Resolve a Family Law Matter in Form 1 before filing an application. The application follows only after the early resolution requirements are met.

Court rules can be amended from time to time, and rule numbers in older guides may not match the current rules. Check the current version or ask the registry which type of registry applies to your case.

What to do next

• Confirm which court your case is in and what type of application it is.
• Check whether any exemption applies to you.
• Register for the course that suits your language and needs, and finish it before your first court date.
• Keep your Certificate of Completion and give it to the court.
• Call a Family Justice Counsellor if you are unsure; virtual services are available at 1-844-747-3963.

If your situation is complicated, a family lawyer can confirm what applies to you.

Frequently asked questions