Provincial Court or Supreme Court: Which BC Family Court Should You Use?

If your relationship has ended and you need a court to decide something, one early question is where to file. In British Columbia, family law cases under the Family Law Act can be heard in the Provincial Court or the Supreme Court, and the two work quite differently.

This article explains what each court can decide, how a case starts in each, the main forms and deadlines, and where appeals go. It is general information, and a lawyer can help you apply it to your situation.

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 exceptions.

The main exception is property. The Provincial Court cannot make orders under Part 5 (Property Division) of the Family Law Act, except about 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. The Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety.

Can you have cases in both courts?

Starting a proceeding in one court does not by itself prevent a second proceeding in the other court, unless the same relief has already been granted or refused. Because the courts have different powers, some people have a matter in each. Which approach suits you depends on your facts, so it is worth getting advice before filing twice.

How a case starts in each court

In an early resolution registry, the Form 3 application follows only after the early resolution requirements are met. In the Supreme Court, the original notice of family claim does not stay in force for more than 12 months unless renewed.

Service, replies and financial forms

• Provincial Court service: an adult who is not a party must personally leave the documents with the person and complete a Form 7 certificate of service.
• Supreme Court service: a notice of family claim must be personally served unless the court orders otherwise. Other documents may be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service.
• If you do not reply in the Provincial Court within 30 days, you are not entitled to notice of any part of the proceedings. The same consequence applies in the Supreme Court if you file no response.
• A Supreme Court respondent may also file a counterclaim in Form F5 within 30 days after service.

Financial information is also different. Provincial Court financial statements are filed in Form 4, and are required for spousal support and where income information is needed for child support. A reply to a child or spousal support application must include a Form 4 financial statement.

In the Supreme Court, Form F8 is used, with the parts required depending on the claim, along with income documents such as tax returns and notices of assessment for the 3 most recent years. Disclosure must be filed and served within 30 days after service of the claim, or within 60 days if you live outside Canada and the U.S..

Courses, fees and time limits

In the Provincial Court you must complete a Parenting After Separation (PAS) course before your first court date, the family management conference, unless you have an official exemption. It is not mandatory in the Supreme Court, although a judge may suggest it. The course is free and online.

Supreme Court fees include $200 for a notice of family claim and $80 for a notice of application. You need not pay the filing fee for a notice of family claim or response if you provide a Form F100 certificate of mediation from a qualified mediator, showing you mediated with the other side or that the mediator found mediation inappropriate. Fees can be amended, so confirm the current amounts.

There is also a two-year limit for spouses to seek property or debt division, pension division or spousal support, measured from divorce judgment, nullity order or separation depending on the relationship.

Appeals 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 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 a notice of appeal due within 30 days after the order is pronounced, unless another enactment sets a different period.

• List what you need decided: parenting, support, property, debt or safety.
• Check whether any claim, especially property, needs the Supreme Court.
• Note the two-year limit for spousal claims and diarize any deadlines.
• Gather income documents and tax returns.
• Register for PAS if you are going to Provincial Court.
• Consider free Family Justice Centre services, including mediation and legal information.
• Speak with a lawyer before choosing a court or filing in both.

Frequently asked questions