Provincial Court or Supreme Court: Which BC Family Court?

When a relationship ends, one of the first practical questions is where to file. British Columbia has two courts that hear family law matters, and they do not do exactly the same things. The right choice often depends on what you are asking the court to decide.

This article explains, in general terms, what each court can hear, how a case starts in each, which forms and deadlines apply, and how appeals work. Your situation may call for a different approach, so a lawyer can confirm what fits your facts.

This article covers the law of British Columbia.

What each court can decide

Under the Family Law Act, "court" means the Supreme Court or, to the extent it has jurisdiction to make an order, the Provincial Court. The Supreme Court has jurisdiction in all matters under the Act, subject to the federal Divorce Act. The Provincial Court has general jurisdiction under the Act, also subject to the Divorce Act and to certain limits.

The main limit is property. The Provincial Court cannot make orders under Part 5 (Property Division) of the Family Law Act, except respecting a companion animal, and Parts 3, 6 and 8 are also outside its authority. Dividing property and debt between spouses therefore goes to the Supreme Court.

There is a safety exception. Despite those exclusions, the Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety.

Can you use both courts?

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. Whether using both makes sense depends on your situation, so it is worth confirming with a lawyer before splitting a case.

Whichever court you use, a 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. It is measured from divorce judgment, nullity order or separation, depending on the relationship.

How a case starts in each court

In the Supreme Court, the original notice of family claim does not stay in force for more than 12 months unless renewed. A person who files a notice of family claim or response 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.

Replies, financial forms and conferences

• Missing the deadline: a Provincial Court party who files no reply within 30 days is not entitled to notice of any part of the proceedings. A Supreme Court respondent who files no response is not entitled to notice of later appearances, hearings, conferences or trial.
• Provincial Court finances: financial statements are filed in Form 4, and a reply to a child or spousal support application also requires one.
• Supreme Court finances: Form F8 Part 1 plus income documents are needed when child support income information is required, though parties who agree on the payor's annual income can sign a Form F9 agreement instead. Spousal support needs Parts 1, 2 and 3, and Part 3 is needed for each party in a property division claim.
• Supreme Court timing: financial disclosure is 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, the first court date is the family management conference. The Supreme Court has a different step, a judicial case conference, which may be requested at any time. 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 a judicial case conference the court may identify issues, make consent orders, mediate disputed issues, and set timelines for documents and discovery.

Parenting After Separation and appeals

In the Provincial Court, you must complete a Parenting After Separation (PAS) 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. PAS is not mandatory in the Supreme Court, though a judge may suggest it. The course is free and online.

Exemptions in the Provincial Court include finishing PAS within the last two years, or every child being 19 or older. A Family Justice Counsellor can explain exemptions and how to register.

Appeals also differ. An appeal from a Provincial Court Family Law Act order goes to the Supreme Court within 40 days, counted from the day after the order is made, and the Supreme Court can extend the time. An appealed order generally stays in effect. Interim Provincial Court orders cannot be appealed this way, and 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.

What to do next

• List every issue you need decided: parenting, support, property, debt, or a safety concern.
• Note the date of separation or divorce, and calendar the two-year limit for property and spousal support.
• Gather your income records, such as tax returns and notices of assessment.
• Check whether your registry is an early resolution registry, since a Notice to Resolve may come first.
• Consider free mediation or legal information through a Family Justice Centre.
• Ask a lawyer which court, or combination of courts, suits your facts before you file.

Frequently asked questions