Parenting After Separation Program in British Columbia: Is It Mandatory?

If you have been told to take the Parenting After Separation program, you may wonder what it involves and whether you really have to do it. The answer depends mostly on which court your case is in.

This article explains the general rules in British Columbia, the exemptions, and the help available through Justice Access Centres.

This article covers the law of British Columbia.

What the program is

Parenting After Separation (PAS) is a free online course. 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 that is given to the Provincial Court.

The course is aimed at helping separated parents keep their children at the centre of decisions. That fits the legal approach: in making agreements or orders about guardianship, parenting arrangements or 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, views, relationships, history of care, need for stability, and the effect of family violence.

Is it mandatory?

In the Provincial Court, you must complete PAS before your first court date, 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.

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 program.

The Provincial Court Family Rules also require each party to complete a parenting education program, and the rule differs by registry type.

Exemptions

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

• You finished PAS 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 you from taking it.
• All parties file a consent order.

A Family Justice Counsellor can explain exemptions and how to register.

How the two courts differ

Under the Family Law Act, the court means the Supreme Court or, to the extent it has jurisdiction to make an order, the Provincial Court. The Provincial Court cannot make orders about property division under Part 5, except respecting a companion animal, so property and debt division between spouses goes to the Supreme Court. Starting a proceeding in one court does not by itself bar a second proceeding in the other court, unless the same relief has already been granted or refused.

• Provincial Court, outside early resolution registries: a party starts a case by filing and serving an Application about a Family Law Matter in Form 3.
• Provincial Court, in an early resolution registry: a party 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.
• Provincial Court respondents must file a reply within 30 days after being served with the application.
• Supreme Court: a case starts by filing a notice of family claim in Form F3.
• Supreme Court respondents must file a response to family claim in Form F4 within 30 days after being served.

In the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit. Which steps apply to you depends on your situation, so it is worth confirming with a lawyer.

What Justice Access Centres and Family Justice Centres offer

Justice Access Centres offer services and referrals for family law problems, including mediation with a Family Justice Counsellor if you are eligible. If an issue is not one a counsellor is trained to mediate, you may be referred to a private mediator. They are available in person or virtually.

Family Justice Centre services are free and include mediation with a Family Justice Counsellor, facilitated child support negotiation, legal information and referrals, referral to the BC Family Maintenance Agency, and PAS. Staff may ask about income because some referrals depend on financial need. Virtual services are available at 1-844-747-3963.

What to do next

• Check which court your case is in and whether the course is required there.
• Look at the exemptions and see whether one applies to you.
• Register for the course early so you have your certificate before your first court date.
• Contact a Family Justice Counsellor if you have questions about registering or exemptions.
• Speak with a lawyer if you are unsure how the requirement affects your case.

Frequently asked questions