What Happens at a Family Law Trial in British Columbia?

A family law trial is the last step when you and the other party cannot settle. A judge hears the evidence and makes a binding decision. For most people it is unfamiliar and stressful, and knowing the general shape of it helps.

This article explains how a case reaches trial, which court hears which issues, the usual flow of a trial, how a judge decides, and what happens after. Details vary by court, judge and case, so treat this as a general guide and confirm specifics with a lawyer.

This article covers the law of British Columbia.

How a case gets to trial

Trials rarely appear out of nowhere. In the Supreme Court, a judicial case conference (JCC) is a meeting with a judge where the court may identify the issues, make consent orders, mediate disputed issues, set timelines for documents and discovery, reserve a trial date and set a trial management conference. The judge may also give a non-binding opinion on the probable outcome without hearing witnesses.

In the Supreme Court, a notice of trial carries a filing fee of $200. Trial days themselves cost nothing for the first 3 days, $500 per day for the 4th to 10th days, and $800 for each day over 10. Fees can be amended, so check the current schedule.

In the Provincial Court, the first court date is called a family management conference, and you generally must complete the Parenting After Separation course before it unless you have an exemption.

Which court hears your issues

The Supreme Court has jurisdiction in all matters under the Family Law Act, subject to the federal Divorce Act. The Provincial Court has general jurisdiction under the Act, also subject to the Divorce Act and certain limits.

The Provincial Court cannot make orders about property division under Part 5, except about a companion animal. So if your trial involves dividing property and debt between spouses, it goes to the Supreme Court. Starting in one court does not by itself stop a second proceeding in the other, unless the same relief has already been granted or refused.

The usual flow of a trial

Exact procedures differ, and a judge may set their own approach, but a trial generally follows a familiar pattern. Each side has a chance to explain what they are asking for, to present evidence through documents and through witnesses, and to question the other side's witnesses. How and when the judge gives a decision depends on the judge and the case, so it is worth confirming with a lawyer what to expect in yours.

• Opening: each side outlines what orders they want and why.
• Evidence: you and any witnesses give testimony, and documents are put before the court.
• Questioning: the other side can ask your witnesses questions, and you can ask theirs.
• Closing: each side sums up the evidence and what the judge should order.
• Decision: the judge gives reasons and makes an order.

Your financial documents matter. In the Supreme Court, a party whose Form F8 was served more than 91 days before trial or hearing must serve an updated F8 at least 28 and not more than 63 days before. Missing that step can cause problems on the day.

How the judge decides

The judge applies the law to the evidence they accept. For guardianship, parenting arrangements and contact, the parties and the court must consider only the child's interests, including the child's health and emotional well-being, views, relationships, history of care, need for stability, and the effect of family violence.

Whatever the issue, the judge decides on the evidence in front of them, which is why preparing documents and witnesses carefully matters.

After the trial and what to do next

An appeal from a Provincial Court Family Law Act order goes to the Supreme Court, with a 40-day time limit counted from the day after the order is made. The Supreme Court can extend the time, and an appealed order generally stays in effect. Interim Provincial Court orders cannot be appealed this way, and an application to vary is the route instead. An appeal from a Supreme Court judgment goes to the Court of Appeal for British Columbia, with the notice of appeal due within 30 days after the order is pronounced, unless another enactment sets a different period.

• Confirm which court is hearing your trial and the date.
• Gather your financial documents and update them as required.
• List your witnesses and the documents you want the judge to see.
• Mark any appeal deadline on your calendar as soon as you get the order.
• Speak with a lawyer about your specific situation before the trial.

Frequently asked questions