- In the Provincial Court you generally start with a Form 3 application, except in an early resolution registry where a Form 1 Notice to Resolve comes first, while the Supreme Court uses a Form F3 notice of family claim.
- A respondent generally has 30 days after service to file a reply or response, and missing it means no notice of later steps.
- Family Justice Centre services, including mediation and legal information, are free.
Many people go through family court without a lawyer. It is possible, but the process has strict forms, deadlines and rules about service, and missing a step can cost you the chance to take part.
This article walks through the main practical steps in British Columbia: choosing a court, filing and serving, responding, preparing disclosure, behaving in court, and finding free help. It is general information, and a lawyer can confirm how it applies to you.
This article covers the law of British Columbia.
Choose the right court
The Supreme Court can hear all matters under the Family Law Act, subject to the Divorce Act. The Provincial Court cannot make orders about property division under Part 5, except about a companion animal, so property and debt division between spouses goes to the Supreme Court.
Time limits matter too. Spouses generally have two years, measured from divorce judgment, nullity order or separation depending on the relationship, to seek property or debt division, pension division or spousal support.
Start your case and serve the documents
| Step | Provincial Court | Supreme Court |
|---|---|---|
| Starting document | Application about a Family Law Matter, Form 3 | Notice of family claim, Form F3 |
| Early step in some registries | Notice to Resolve a Family Law Matter, Form 1, in an early resolution registry | Not applicable |
| Service | Personal service by an adult who is not a party, with a Form 7 certificate | Personal service unless the court orders otherwise, proved by a Form F15 affidavit |
| Fee | Not confirmed here, so ask the registry | $200, unless a Form F100 certificate of mediation is provided |
In the Supreme Court, the original notice of family claim does not stay in force for more than 12 months unless renewed. Other documents can be served by ordinary service, including mail, fax and e-mail, and each party must have an address for service. Court rules can be amended from time to time, so check the current version of the rules before you file.
If you are the one who was served
- Provincial Court: file a reply within 30 days after being served, and include a Form 4 financial statement if the application is about child or spousal support.
- Provincial Court: if you file no reply within 30 days, you are not entitled to receive notice of any part of the proceedings.
- Supreme Court: file a response to family claim in Form F4 within 30 days after being served.
- Supreme Court: a counterclaim is filed in Form F5 within 30 days after service.
- Supreme Court: if you file no response, you are not entitled to notice of later appearances, hearings, conferences or trial.
Parenting course, disclosure and case conferences
In the Provincial Court you must complete a Parenting After Separation (PAS) course before your first court date unless you have an official exemption. It applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders. PAS is free and online, and a Certificate of Completion is given to the court. In the Supreme Court it is not mandatory, though a judge may suggest it.
In the Supreme Court, financial disclosure on Form F8 plus income documents is required in many cases, and must generally be filed and served within 30 days after service of the claim, or within 60 days if the party lives outside Canada and the U.S.. If child support is involved, the income documents include personal tax returns and notices of assessment for the 3 most recent years. If you agree on the payor's income, a Form F9 agreement may satisfy the child support disclosure rule.
Also in the Supreme Court, unless a judicial case conference has been held, a party must not serve a notice of application or supporting affidavit.
Court conduct and free help
Courtroom habits are mostly common sense. Arrive early, dress neatly, address the judge respectfully, speak only when it is your turn, stick to the facts, and bring organized copies of your documents. Stay calm even if the other side does not.
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, and virtual services are available at 1-844-747-3963. Justice Access Centres also offer services and referrals, including mediation if you are eligible.
- Decide which court your issues belong in.
- Note every deadline the day you are served or file.
- Complete PAS if it applies to you.
- Gather income documents and financial information early.
- Call a Family Justice Centre for legal information and referrals.
- Consider a lawyer for advice on your specific situation, even for part of the process.
Frequently asked questions
Do I need a lawyer to go to family court in BC?
The court rules set out forms and steps for a party to file and serve documents, such as a Form 3 application in the Provincial Court or a Form F3 notice of family claim in the Supreme Court. A lawyer can still help you understand your options, even for a limited part of your case.
What happens if I ignore the papers I was served?
In the Provincial Court, if you file no reply within 30 days you are not entitled to notice of any part of the proceedings. In the Supreme Court, if you file no response you are not entitled to notice of later appearances, hearings, conferences or trial.
Do I have to take the Parenting After Separation course?
In the Provincial Court you must complete it before your first court date unless you have an official exemption, such as having finished it within the last two years. In the Supreme Court it is not mandatory, though a judge may suggest it.
Where can I get free help with my family problem?
Family Justice Centres offer free mediation, child support negotiation, legal information and referrals. Justice Access Centres also offer services and referrals for family law problems.
Sources
- Family Law Act, ss.192–193 (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
Ask our Team for a quote. We reply by email.