- A family justice counsellor helps people reach agreements on parenting, contact, guardianship and support, but does not give legal advice.
- The counsellor's services are free, and you do not have to start a court process to use them.
- In an Early Resolution Registry, you must complete an individual needs assessment meeting with a Family Justice Counsellor before filing an Application About a Family Law Matter.
If you are separating, a Family Justice Centre can feel like an unfamiliar place. You may have heard that a family justice counsellor can help, but not be sure what that person does or how they differ from a lawyer.
This article explains the counsellor's role in plain terms, the services they offer, what it costs, and how they connect to the court process in British Columbia.
This article covers the law of British Columbia.
Who a family justice counsellor is
Under the Family Law Act, the minister can appoint family justice counsellors. They can give information, help with dispute resolution about guardianship, parenting, contact and support, and make referrals.
The Act also counts a family justice counsellor as a family dispute resolution professional, which is one of the people who can help parties try to resolve disputed issues outside court.
The counsellor does not provide legal advice. If you want advice about your own rights or what an agreement means for you, that is a question for a lawyer.
What services they offer
Family justice counsellors help people reach agreements on guardianship, parenting arrangements, contact, and child and spousal support. The services listed by the province include:
- Helping you obtain or change a Provincial Court order.
- Explaining the child support guidelines and the court process.
- Working as accredited mediators.
- Giving short-term emotional support and referrals.
- Sharing information about Parenting After Separation courses.
Family Justice Centres also offer individual needs assessment meetings. These give information about family law, your options and referrals to community services.
Is it free, and do you need to go to court?
Family justice counsellor services are free, and you do not have to start the court process to use them. The province also says early resolution services are free.
This means you can talk to a counsellor early, before anyone has filed anything, to learn your options. Private lawyers and private mediators are separate from these services, and their costs are something to ask about directly.
How the counsellor fits with Provincial Court
In an Early Resolution Registry, each party must take part individually in a needs assessment with a family justice counsellor. Government guidance says you must complete this meeting, and the Parenting After Separation online course if it applies, before filing an Application About a Family Law Matter. You must also complete a consensual dispute resolution session if appropriate.
All Provincial Court registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions are Early Resolution Registries, and other locations may be designated later. Because this varies by courthouse, check the registry list on the provincial government website.
Some people are exempt from the parenting education program, for example where a matter involves only spousal support or all children are 19 or older. A needs assessor decides on these exemptions.
What to do next
To book, contact your nearest Family Justice Centre or check the provincial government's family justice pages for current contact details. The page on preparing for a meeting is separate, so look for it before you go.
- Write down your main questions, such as parenting time, support or guardianship.
- Gather any existing agreements or court orders.
- Note any safety concerns so the counsellor can take them into account.
- Ask whether you need the Parenting After Separation course.
- Speak to a lawyer if you need advice on your legal rights.
Frequently asked questions
Is a family justice counsellor a lawyer?
No. Family justice counsellors help with agreements, information and referrals, but they do not provide legal advice. A lawyer can advise you on your own legal position.
Do I have to pay to see a family justice counsellor?
No. The services are free, and you do not have to start the court process to use them.
Can a family justice counsellor mediate my dispute?
Yes. Family justice counsellors also work as accredited mediators. If the issue is not a family law dispute, or is one the counsellor is not trained to mediate, you may be referred to a private mediator.
Do I need a needs assessment before going to Provincial Court?
In an Early Resolution Registry, each party must take part individually in a needs assessment with a family justice counsellor. Whether your courthouse is a registry depends on its location, so check the provincial list.
Sources
- Family Law Act, SBC 2011, c. 25, Part 1 (BC Laws) — bclaws.gov.bc.ca
- Family Law Act, Part 2 (BC Laws) — bclaws.gov.bc.ca
- Provincial Court Family Rules, B.C. Reg. 120/2020 (BC Laws) — bclaws.gov.bc.ca
- gov.bc.ca – Early Resolution — www2.gov.bc.ca
- gov.bc.ca – When should I see a family justice counsellor? — www2.gov.bc.ca
- gov.bc.ca – Family justice counsellors — www2.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
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.