Can I Represent Myself in a BC Family Law Court Case?

Many people end up in family court without a lawyer because they cannot afford one or have been refused legal aid. If that is you, you are not alone, and there is support designed for people in your position.

This article explains where to get free information, what steps may come before court, and how limited help from a lawyer can fit in. It is general information, and a lawyer can confirm how it applies to your case.

This article covers the law of British Columbia.

Getting started without a lawyer

Representing yourself means you prepare and present your own case. The main challenge is knowing the process and what the court will look at, so start with the free public services before you file anything.

Family Justice Centres offer free services to parents and other family members dealing with separation or divorce. They provide a needs assessment, legal information with referrals for advice, and information on Provincial Court processes.

Support available to self-represented people

• Help with parenting arrangements, guardianship, child and spousal support, and contact with a child.
• Referral to the BC Family Maintenance Agency if child support is not being received.
• A free Parenting After Separation course.
• The Online Divorce Assistant for joint uncontested divorces, which only works where both spouses agree on all issues.
• Referrals to community agencies and safety referrals to VictimLinkBC or police.

You can call toll-free at 1-844-747-3963, Monday to Friday, 8:30 AM to 4:30 PM, and services are also available by telephone and video conference. Some referred services are based on financial need, so you may be asked about income.

Steps that may come before court

Early Resolution Registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions require specific steps before a Provincial Court family case proceeds. Ask a Family Justice Centre what applies in your region.

Mediation is often an option before court. Family justice counsellors are accredited mediators, and child support disputes can use facilitated negotiation with a child support officer. Justice Access Centres also offer free family justice services.

Family violence and protection orders

A court may make a protection order on application by a family member claiming to be at risk, by a person on that member's behalf, or on its own initiative. The order need not be made together with any other proceeding. The test is that family violence is likely to occur and the other person is an at-risk family member.

The court must consider risk factors, including history of family violence, whether it is repetitive or escalating, recent separation, access to weapons, and your own perception of risk. Unless the court orders otherwise, a protection order expires one year after it is made.

Family Law Centres give free legal help to family violence survivors who cannot afford a lawyer, if they have at least one additional eligible legal issue. Which court to apply in can depend on whether another order is already in place, so confirm that before filing.

Getting a lawyer for part of the work

Unbundling means a lawyer provides legal services for part of your matter, and you and the lawyer decide which tasks each will do. For example, you might ask for help only with reviewing documents or preparing for a hearing. The Law Society of BC developed a Family Unbundled Legal Services toolkit with Mediate BC, including sample retainer agreements, available through Courthouse Libraries BC.

What to do next

• Call a Family Justice Centre for an assessment and information on court processes.
• Gather your documents, such as existing orders, agreements and income information.
• Ask whether an Early Resolution Registry applies in your region.
• If family violence is involved, ask about a Family Law Centre and make a safety plan.
• Consider a one-time or limited lawyer consultation before key steps.

Frequently asked questions