Urgent Without Notice Family Applications in BC Court

You may be afraid that the other parent will take your child, or that you or your family face harm if the other side learns you have gone to court. Many people in that position ask whether a judge can make an order without telling the other person first.

This article explains the general picture in British Columbia and what is safe to rely on. Urgent applications turn heavily on the facts and on the court's own procedures, so speak to a lawyer or a Family Justice Centre quickly rather than relying on a general guide.

This article covers the law of British Columbia.

What "without notice" means

Normally the person on the other side is told about a court application and gets a chance to respond. A without notice application asks the court to act before that happens, usually because telling the other person first could cause harm or defeat the purpose of the order.

Courts are cautious about this, because a decision made after hearing only one side can seriously affect the other person. Whether a judge will agree depends on the evidence and on the reasons you give, and a lawyer can confirm how that works for your situation.

What the court looks at

For anything involving guardianship, parenting arrangements or contact, the parties and the court must consider only the best interests of the child. That includes the child's health and emotional well-being, the child's views, relationships, history of care, need for stability, and the effect of family violence.

• Be specific about what you fear and why, with dates and details
• Explain what has happened before, including any family violence
• Say what you are asking the court to do, and why waiting would cause harm
• Keep to facts you can support with messages, records or witnesses

Which court and which tools

The Supreme Court has jurisdiction in all matters under the Family Law Act, subject to the federal Divorce Act, while the Provincial Court has general jurisdiction under the Act with exceptions. Property and debt division goes to the Supreme Court because the Provincial Court cannot make those orders, other than about a companion animal.

Even where other powers are excluded, the Provincial Court keeps its Part 9 power to restrict access to a residence to protect a family member's safety. 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.

Because those general steps may not suit an emergency, ask a lawyer or the court registry how an urgent request fits within them.

What happens once the other side finds out

If an order is made without notice, the other person will normally be told and can respond. A Provincial Court respondent has 30 days after being served to file a reply, and a Supreme Court respondent has 30 days to file a response to family claim. A person who files nothing is not entitled to notice of later steps in the case.

In the Provincial Court, a Parenting After Separation course is generally required before the first court date for applications about parenting arrangements, child support, spousal support, companion animal property or protection orders, unless you have an official exemption. A Family Justice Counsellor can explain exemptions and how to register. The Supreme Court does not make that course mandatory, though a judge may suggest it.

What to do next

• If you or a child is in immediate danger, contact emergency services right away
• Write down what has happened, with dates, while it is fresh
• Save messages, photos and any police file numbers
• Keep copies of any existing order or agreement
• Call a Family Justice Centre: virtual services are available at 1-844-747-3963
• Speak with a lawyer quickly about whether an urgent application suits your situation

Safety planning is separate from court. Support services can help you plan around your own circumstances, and a lawyer can explain what the courts can and cannot do.

Frequently asked questions