How to Start a Family Law Case in BC Provincial Court

You may need a court order about where children live, who makes decisions for them, or support. In British Columbia, many of these cases can be started in the Provincial Court, which is often the more approachable route for people without a lawyer.

This article walks through what the Provincial Court can and cannot decide, the forms you file, how the other person must be served, and what you need to do before your first court date. Registries differ, so confirm the steps for your own registry.

This article covers the law of British Columbia.

Check that the Provincial Court is the right court

Under the Family Law Act, the Provincial Court has general jurisdiction, subject to the federal Divorce Act and some exclusions. The Supreme Court can hear all matters under the Act.

The Provincial Court cannot make orders under Part 5 (Property Division), except about a companion animal, and Parts 3, 6 and 8 are also excluded. Dividing property and debt between spouses therefore goes to the Supreme Court. One exception: the Provincial Court keeps its power to restrict access to a residence to protect a family member's safety.

Starting in one court does not by itself stop a second proceeding in the other court, unless the same relief has already been granted or refused. Where more than one issue is in play, a lawyer can help you decide where to file.

The first form: Form 1 or Form 3

Outside early resolution registries, you start by filing and serving an Application about a Family Law Matter in Form 3.

In an early resolution registry, the order is different. Before filing an application you must first file a Notice to Resolve a Family Law Matter in Form 1 and give a copy to each other party. The application follows only after the early resolution requirements are met.

An application can also ask to change or cancel all or part of an existing final order. If so, a copy of the existing order or written agreement must be filed with it.

Financial statements and serving the other person

Financial statements are filed in Form 4. They are required for spousal support, and for child support where income information is required.

The applicant must ensure personal service. An adult who is not a party leaves the documents with the other person and completes a certificate of service in Form 7. If no reply is filed within 30 days, the applicant must file that certificate.

• The other person has 30 days after being served to file a reply.
• A reply to a child or spousal support application also needs a Form 4 financial statement.
• A party who files no reply within 30 days is not entitled to receive notice of any part of the proceedings.

Parenting After Separation before your first court date

In the Provincial Court you must complete the Parenting After Separation (PAS) course before your first court date, the family management conference, unless you have an official exemption. It applies to applications about parenting arrangements, child support, spousal support, companion animal property or protection orders.

The course is free and online. You get a Certificate of Completion to give to the court. Exemptions include:

• 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, or literacy or a serious medical condition prevents it.
• All parties file a consent order.

The Provincial Court Family Rules also require each party to complete a parenting education program, with exemptions including completion in the prior 2 years.

What to do next

Requirements differ depending on the type of registry, such as an early resolution registry, so check the current rules and your registry before filing. A Family Justice Counsellor can explain exemptions and how to register for PAS. Justice Access Centres also offer services and referrals for family law problems, including mediation with a Family Justice Counsellor if you are eligible.

• Decide whether your issues belong in the Provincial Court or the Supreme Court.
• Ask your registry whether it is an early resolution registry.
• Complete the PAS course and keep the certificate.
• Gather income documents and complete Form 4 if support is involved.
• Arrange for an adult who is not a party to serve the documents personally.
• Speak with a lawyer if the case involves property, safety concerns or several issues.

Frequently asked questions